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(영문) 광주지방법원 2018.12.18 2018노2732
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A alleged to the effect that, in relation to the violation of the Act on the Registration of Residents, Defendant A did not transfer his address to avoid the collection of claims with respect to the violation of the Act on the Registration of Residents, the lower court erred by misapprehending the legal doctrine, but the reason why the false report on the resident registration does not constitute the elements of the crime of violating the Act on the Registration of Residents, and the record reveals that the lower

Therefore, Defendant A’s above assertion is without merit.

The sentence of the lower court (Defendant A: Imprisonment with prison labor for April, Defendant B: fine of KRW 3 million) is too unreasonable.

B. According to the evidence submitted by the prosecutor (not guilty part in the judgment of the court below) fraud by the prosecutor, it is proved that the amount of KRW 50 million received by the defendant from the victim'sO (hereinafter "victim") is the borrowed money, and that at that time the defendant did not remain the lease deposit to be paid in the future, it is sufficient to fully recognize the fact that the defendant deceivings the victim, as shown in this part of the facts charged, and defrauds the victim about KRW 50 million.

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

B) According to the evidence submitted by the prosecutor, the criminal intent of deception and deception against the victim can be fully recognized.

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

C) According to the evidence submitted by the Prosecutor, in order to conceal property with knowledge of the filing of a lawsuit and the pronouncement of judgment, the Defendant had been fully aware of the fact that he/she had operated and used a borrowed name bank account. Therefore, the Defendant was “for the purpose of evading compulsory execution.”

It is reasonable to view it.

Nevertheless, this part of the charges is charged.

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