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(영문) 수원지방법원 2021.02.05 2020노6871
사기
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Two years of imprisonment.

Reasons

1. The trial scope of this Court rendered a judgment of conviction against the defendant, the court below dismissed all applications for compensation order filed by the applicants for compensation in the court below. According to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the rejection part of applications for compensation order was immediately finalized since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Thus, the rejection part of applications for compensation order filed by the above applicants for compensation is excluded from

2. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (two years of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of the facts or misunderstanding of the legal principles, although the defendant was involved in the crime of Bosing, the judgment of the court below which recognized only the aiding and abetting was erroneous or misunderstanding of the legal principles, which affected the conclusion of the judgment.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

3. Determination as to the prosecutor’s assertion of mistake of facts or misapprehension of legal principles

A. On May 21, 2020, the Defendant received a proposal from an unspecified number of unspecified persons to offer a low interest rate substitute loan by misrepresenting to a financial institution, or to receive money from the victims under the pretext of a loan repayment by making a false statement that the existing loan is a provision of loan or a violation of the Financial Transactions Act, etc., and received money from the victims. On May 21, 2020, the Defendant received money from the above Bosing Organization’s non-name staff (one team leader) and received money from the victims and received money from the victims and received money from the victims to the account designated by the bank account. The Defendant accepted the proposal to pay KRW 100,000 per share.

1) On May 18, 2020, the staff of the Washington Center who assumes a false name or misrepresentation of G in charge of F Bank Loans of 2020 Ma 1104 shall be free from application for a disaster support loan subject to a disaster support loan by phone call to the victim H (I before the opening of the name) around May 18, 2020.

2,950,000 won;

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