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(영문) 광주지방법원 2018.11.08 2018노2602
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the part of the facts charged in this case that the court below acquitted the defendant among the facts charged in this case, in the investigation stage, the defendant led to the confession of all of the crimes in this case, and the living period of the defendant and the victim living together with the victim, the defendant received the agricultural bank passbook from the victim's name and managed the defendant. In light of the records of transactions with the above passbook, etc., the defendant's intent to acquire the above part of the facts charged can be fully recognized. This part of the facts charged in this case is not different from the facts charged in the part that the court below found guilty, the period of crime, the method of criminal act

However, the judgment of the court below which acquitted the charged facts on the ground that there is no proof of crime, is erroneous in the misapprehension of facts and thereby affecting the conclusion of the judgment.

(2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too uneasible and unfair.

B. The lower court’s punishment is too unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of the charge of not guilty portion of the lower judgment is the victim C with a physical disability of the 3rd recipient’s cadastral interest, and the person who had been living from April 2015 to December 2016.

Before initiating a living with the victim, the Defendant knew that the basic recipient received approximately one million won, such as living benefits, from the mining office, to the head of the agricultural bank (I). On April 1, 2015, the Defendant was issued a passbook by entering into a living room in Gwangju Mine-gu G apartment 105 Dong-dong 913, which is one’s dwelling place and managing the said passbook.

However, in fact, the defendant did not receive the passbook for the purpose of managing the money of the victim, but received the passbook for the purpose of using it for the defendant's living expenses, etc., so even if using the above passbook, he/she shall have the intention or ability to pay it.

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