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(영문) 서울북부지방법원 2021.03.18 2020노2063
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and two months of imprisonment) against the defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable.

2. The lower court: (a) the Defendant, when the Defendant associated with the victim B, acquired the amount of KRW 97 million by deceiving the said victim as a loan money for a considerable period of time since the start of the settlement of the company due to insufficient payment amount; (b) through the above victim, acquired the amount of KRW 20 million from the victim D as an investment deposit money of the company run by himself/herself; and (c) embezzled the amount of KRW 5 million from the customer of the company working for the Defendant with the personal account by forging the document that applied for the change of the deposit account in the name of the company; and (d) acquired the transaction amount of KRW 4 million by remitting the document that applied for the change of the deposit account in the name of the company; (c) through the crime using a special trust relationship with the victim; (d) obtained the victim’s physical damage as well as physical damage; (d) acquired the transaction amount by forging the document in violation of his/her occupational duty or actively affecting the external credibility of the damaged company; and (d) acquired the Defendant’s motive and condition that the Defendant paid part of the above case to the victim for criminal punishment for up to 200.

The reason for sentencing alleged by the defendant in the trial of the court seems to have been considered all in sentencing at the court below, and after the decision of the court below was made.

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