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(영문) 서울북부지방법원 2016.01.28 2015노2140
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The defendant embezzlements against the applicant for compensation.

Reasons

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

2. The judgment of the court below is that the defendant has been punished once for the same crime as the crime of this case. Each of the embezzlement of this case committed by the defendant, as stated in paragraphs 1 and 2 of the crime of this case in the judgment below, the defendant, as stated in the judgment of the court below, has been each embezzled by providing 4,302,40 won and 26 core chips to the victim who entered into a contract on the consignment of a mobile phone with the defendant (hereinafter "original Information and Communications") and the defendant, as stated in the judgment of the court below, while the defendant kept 34,302,40 won in total and 43 times in cell phones and 26 chips as the market price of each of the defendant received from the defendant, each of which was delivered by the defendant under the victim Information and Communications Technology Guarantee Co., Ltd. (hereinafter "H"), and the defendant was not able to receive 10 million won in depth or more in advance, and the defendant was able to receive 20 months in advance the above victim's insurance money and paid by mistake.

When the defendant was in the first instance, the victim K of the crime of fraud of this case has been compensated for the amount of 750,000 won, and the above victim has agreed with the above victim.

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