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(영문) 서울서부지방법원 2013.10.24 2013노399
사기
Text

The judgment below

Among the guilty parts against the Defendants and the acquittal parts against Defendant B, the list of offenses (2) in attached Form 2.

Reasons

Summary of Grounds for Appeal

1) According to the misunderstanding of facts (not guilty part of the judgment of the court below), the court below acquitted the victims on the grounds that there is no evidence on the facts charged which did not investigate the victims. However, the court below erred by misapprehending the facts and affecting the conclusion of the judgment, which affected the conclusion of the judgment. 2) The judgment of the court below on the unfair sentencing (for defendant A, six months of imprisonment, two years of suspended execution, one year of suspended execution, one year of imprisonment, one year of suspended execution, two years of social service, one hundred and sixty hours of service, one60 hours of service, one hundred and sixty hours of imprisonment) is too uneasible and unfair.

1) Defendants A (Unfairly Undue Practices)’s punishment sentenced by the court below to Defendant B is too unreasonable, because the punishment imposed by the court below to Defendant B is too unreasonable. (2) Defendant B did not receive money from N in collusion with G under the influence of drinking value. In addition, even if Defendant B conspiredd with G to commit this part of fraud, Defendant B’s credit card settlement is revoked under N immediately after the settlement with credit card, so insofar as the credit card payment amount of KRW 900,000 in the drinking value is revoked, Defendant B is deemed to be only the crime of attempted fraud. However, the court below found Defendant B guilty of this part of the charges. (b) The court below erred in the misapprehension of facts against the law of wrongful sentencing.

Judgment

Ex officio determination (part 1 of the judgment of conviction against Defendant A) is examined as to the part of the judgment of conviction against Defendant A, which is set forth in the annexed Table 1 (1).

1) On January 4, 2010, Defendant A’s summary of this part of the facts charged is a female employee who is unable to identify his/her name at the main point of “E” located on the third floor of the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government D Building (a family name: G’s 'I’N’ clubs located in the Gangnam-gu Seoul Metropolitan Government, and the victim J.

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