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(영문) 서울서부지방법원 2015.09.03 2015노703
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A1’s case’s joint criminal conduct under paragraph (1) of the crime committed in the judgment of the court below, Defendant A requested Defendant B to grant a loan, and thereafter the victim E took part in the above crime or conspired with Defendant B, the judgment of the court below which found Defendant A guilty of this part of the charge is erroneous in the misapprehension of facts.

B) With respect to the sole crime of paragraph (2) of the crime in the judgment of the court below, the part concerning the fraud of KRW 2-A (50,000 as stated in the judgment of the court below) was only the victim's 3.5 million won with the opinion of the court below, but the defendant did not have committed deception, and the part concerning the deception of KRW 2-B (3,00,000 as stated in the second-2) was merely a mere loan and did not have acquired it by deception, but there is an error of law of misconception of facts in the judgment of the court below which found the guilty of each of the facts charged. 2) Despite the fact that the defendant Gap deposited KRW 14.5 million for the victim and paid the full amount of KRW 3.5 million for the sole crime, the judgment of the court below that ordered the compensation order to pay KRW

B. Defendant B (1) As to the joint principal offense under paragraph (1) of the crime of mistake of facts in the judgment of the court below, although Defendant B did not deception or deception the victim, the judgment of the court below which found Defendant B guilty of this part of the facts charged is erroneous in the misapprehension of facts. 2) The sentence of imprisonment (six months of imprisonment) sentenced by the court below on the Defendant B is too unreasonable.

2. Determination

A. Defendant A’s assertion of misunderstanding of facts as to Defendant A’s grounds for appeal against Defendant A’s ground of appeal is asserted in the original trial as to the same ground for appeal of this case, and the lower court’s assertion as to Defendant A and his defense counsel.

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