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(영문) 대구지방법원 2013.08.30 2013노100
사기
Text

The judgment below

The defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, from the date when this judgment has become final.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have only received money by means of rent or money while using a building under the name of the defendant, and there was no false statement as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is excessively unreasonable.

2. Ex officio determination

A. We examine ex officio the facts charged by the prosecutor at the trial, and applied for amendments to a bill of amendment as follows. Since this Court permitted this, the judgment of the court below cannot be maintained any longer.

B. Around February 2008, the revised charges 1) the Defendant heard the victim’s child E from the victim’s child E to claim compensation for damages, and subsequently made a false statement to the effect that “I would know about the fact that I would bring the victim to a lawsuit. I would like to bring the victim to a lawsuit. I would like to do so.” However, even if I would receive money from the victim for the attorney’s fee and expenses, I would not use it for the victim’s living expenses, and would have the intention to use it for the defendant’s living expenses. Accordingly, the Defendant, by deceiving the victim as above, could receive money from the victim under the pretext of attorney’s fee and expenses by introducing him/herself or the defendant and introducing the victim from the victim, and then, the Defendant could not receive money from the victim under the same name as indicated in the annexed Form Nos. 1 through Nos. 8, 2008, which became a total of KRW 1,2000,0000,0000,000,000).

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