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(영문) 서울북부지방법원 2015.05.21 2014노1709
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds of appeal by the defendant, the prosecutor ex officio examined the case, and the prosecutor applied for an amendment to the indictment with the content that the part of the facts charged was modified in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court below

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

On May 2012, the Defendant, through H, who was in charge of the business of the Defendant, operated by the Defendant, was in the vicinity of the victim D’s residence located in the Gyeonggi Pyeong-gun Co., Ltd., which was in charge of the business of the Defendant, needed a security to be provided with the victim’s 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's ''

However, the above company’s sales revenue at the time appeared to be used as the principal and interest of bank bills, etc., expenses for employee pay, etc., and purchase funds to customers, etc., and thus, the above company’s account balance was not smooth. Although the victim’s real property was expected to borrow KRW 220 million from F as a security, it was difficult to repay the above amount within two months as agreed with F due to excessive interest burden, such as interest rate of KRW 6.6 million, which was to be paid to F. Therefore, the victim’s intent or ability to cancel the registration of establishment of a mortgage on the real property that was provided as security, as well as the payment of agreed revenue to the victim.

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