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(영문) 광주지방법원 2015.12.09 2015노1832
사기
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

However, from the final date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty on the ground that the defendant joined the 30 million won fraternity (hereinafter referred to as the “instant fraternity”) in the name of F, one of his father’s care, and the name of G, which was the father’s care, and did not receive each guidance and did not pay it. However, the court below found the defendant guilty on the ground that the defendant did not have joined the instant fraternity, and there was no error of misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The following circumstances are asserted as to whether the Defendant has subscribed to the 1st unit of this case and the court below and the court of the case lawfully adopted and investigated evidence: ① The victim consistently from the investigation stage, stated that “The Defendant loaned a large amount of money in the name of F and G, thereby organizing a system to repay his obligations under the agreement of the Defendant while the Defendant was aware of F and G as the obligor, and allowing F and G to set off his obligations.” ② The instant system includes the name of the pertinent fraternity from 16 units to 16 units, and the name of the pertinent fraternity from 10 to 10,000 units were stated in the list of the members prepared by the victim at 16 units. The victim should submit 30,000 won to the Defendant for a set-off of 10,000 won, 300,000 won were additionally transferred to the Defendant (which is the date the victim received 10,000 won, 30,000 won was originally transferred to the Defendant (which is the date of this case).

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