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(영문) 춘천지방법원 2016.04.20 2015노781
사기
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

Defendant of the Prosecutor.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) Fact-finding

A. As to the case 2015 Highest 38 cases: The defendant was working for the defendant at the time of the second sale 38 Highest 2015 Highest 38 units of the crime of the lower judgment

F Co., Ltd. (hereinafter referred to as “F”) was merely a temporary light of financing, and was in progress with a number of sales businesses, and the representative director X’s personal funds were invested, and thus there was no intention of self-payment or intent of repayment.

shall not be deemed to exist.

There was no intention or intention of deception and illegal acquisition.

B. Regarding the 2015 Highest 181 case: (a) in order to cancel the right to collateral security established on the land of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, J (hereinafter “J land of this case”), the said right to collateral security has to first terminate provisional attachment established on other land; (b) therefore, the victim’s purchase price was used as the termination cost of the provisional attachment, and there was no intention to repay and no financial ability to repay.

It cannot be seen that Defendant B did not sell other land owned by Defendant B in installments and could cancel the above J-J land mortgage. Therefore, there was no intention of deception.

2) The sentence of the lower court (one month imprisonment) that is unfair in sentencing is too unreasonable.

B. As to the Defendants by the prosecutor, the lower court’s sentence (Defendant A: Imprisonment with prison labor for 8 months, Defendant B: fine of 3 million won) is too uneased and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The prosecutor first of the facts charged in the Chuncheon District Court case No. 2015 High Order No. 38 of 2015 that the Defendant was sentenced to imprisonment on November 27, 2014 with prison labor of two years and six months and is still pending in the appellate trial trial at the Chuncheon District Court on June 17, 2015; and the Defendant was sentenced to imprisonment with prison labor of one year and six months at the Chuncheon District Court on June 17, 2015;

8. Article 347(1) and 37 of the Criminal Act provides that “The above judgment became final and conclusive,” and Article 39(1) of the Criminal Act applicable to Defendant A of the Chuncheon District Court 2015 High Order 181.

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