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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2016.06.02 2015노1844
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) As to the crime committed against the victim C as set forth in paragraph (1) of the judgment of the court below, the aforementioned crime had already been prosecuted prior to the prosecution of this case, and thus, the judgment of acquittal should be rendered.

2) With respect to the crime against the victim I as stated in paragraph 2 of the judgment below, the defendant would complete the registration of transfer of ownership in the above victim's name with respect to the above victim's road site.

There is no deception, and the above victim received a loan from L in his own name with the above apartment as security, and only the amount of KRW 200 million among them was given to AI as a person related to the K redevelopment Association.

Even if the act of deception by the defendant is recognized, the amount of fraud by the defendant is KRW 217 million which the defendant received from the above victim.

3) Of the crimes against the victim N (formerly known R) as stated in paragraph (3) of the judgment below, there was no fact that the Defendant received KRW 50 million from the above victim under the name of the purchase price, etc. in relation to the crime stated in paragraph (3).

B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The argument regarding the crime No. 1 to 5 of the crime inundation table (1) is established only a single crime of fraud if the criminal intent is a single and the method of committing the crime is the same in case where the money was acquired by deceptive act several times against the same victim in fraud.

According to the evidence duly adopted and examined by the court of the court below, the following facts can be acknowledged.

0 The defendant 0 was a professor of the annual school who was living with her husband at around September 2006 by hosting the victim C with around September 2006.

The pet who had died for 8 years, died of her own cancer.

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