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(영문) 서울북부지방법원 2016.04.07 2015노1959
사기
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A’s crime of fraud 2014 high group 3843 of the lower judgment’s judgment, Defendant A did not deceiving the victim F as stated in the facts constituting a crime in the lower judgment, and merely offered that the victim F would exchange Defendant B with the consideration audience and geological exploration equipment actively possessed by Defendant B and exchanged the goods.

The court below recognized the admissibility of evidence of the prosecutor's statement made by the prosecution against F even though the victim F's testimony was not recognized to be genuine by the victim F's statement at the trial date, and found the defendant A guilty on the basis of the evidence which has no admissibility of evidence.

(2) The punishment sentenced by the lower court to Defendant A (one year and six months of imprisonment) is too unreasonable.

B. The punishment sentenced by the court below against Defendant B (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order of 80 hours) is too uneased and unreasonable.

2. Judgment on the grounds for appeal

A. (1) In full view of the evidence duly adopted and examined at the lower court’s judgment as to Defendant A’s assertion of mistake, the lower court’s judgment that found Defendant A guilty of the charge of fraud 3843 above is just and acceptable, and there is an error of law by mistake in fact.

shall not be deemed to exist.

Therefore, Defendant A’s above assertion is rejected.

① Defendant A drafted a letter stating that “I have received 50,000 won in cash from the land owner to take over 550,000 won in a written appraisal (main electronic) appraisal, and then borrowed 200,000 won in cash from the land owner, and delivered it to K, and on December 21, 2012, K signed a written statement stating that “I will be held liable for civil and criminal liability if I will not return the goods to F,” and K signed it as a joint manager.

② At the same time, I consistently held in the investigative agency and the court of the court below that “When Defendant B disposes of a check which is bound by Defendant B to the victim F with an excessive amount of KRW 1.2 million in the warehouse, it is worth KRW 00 million.

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