logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.10.17 2013노3309
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal (legal scenarios, unreasonable sentencing)

A. In light of the legal principles, the Defendant committed fraud at a time similar to the same victim in a manner similar to that of the same victim, each of the above fraud committed constitutes a blanket crime. Among them, there was a final judgment of conviction of a crime of fraud, and thus, the instant crime constitutes a final judgment of acquittal, and thus, the judgment of acquittal should be rendered.

Nevertheless, the judgment of the court below which judged otherwise is erroneous in the misapprehension of legal principles.

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable even if it is found guilty of unfair sentencing.

2. Determination

A. According to the records on the assertion of misapprehension of legal principles, the facts charged in the instant case: (i) even if the Defendant paid the victim J on November 15, 2010 as a promissory note the metal construction of the building, the construction of the Incheon International Airport Search Station, and the construction of the rail at the new site of the Incheon International Airport Search Station, by deceiving the victim even though it was not possible to settle the due date; and (ii) around the end of December 201, the metal construction of the K Building and the construction of the search station around January 15, 201; and (iii) the construction cost of the search station at around seven times from around November 15, 201 to February 1, 201; and (iv) the Defendant did not make payment of a promissory note equivalent to KRW 13782,000,000 which was issued at the time of payment; and (iv) the amount of the construction cost of the instant case at the time of the victim’s new construction site at the time of the instant charges and the instant case at the 20.

arrow