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(영문) 서울중앙지방법원 2013.06.27 2013노1185
사기등
Text

The judgment below

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

Defendant shall be punished by imprisonment for a year.

Reasons

1. Summary of grounds for appeal;

A. In relation to the fraud (1) misunderstanding of facts, the defendant merely stated that "the equity investment is basically dangerous, but if it is well known, the bank may make profits rather than the bank's own capital", and stated in the facts charged, "if it has been made long stocks, and if it has made a large amount of investment because it has made profits by making stocks, 7% per month, and will to guarantee the principal without fail to make any speech to the Fund directly with regard to the total sum of KRW 23 million as stated in the list of crimes against the victim F (1) No. 12 and 15 in the list of crimes against the victim F, the defendant did not directly make any speech to the Fund, and instead, C has solicited the victims to make an investment in stocks, and at the time, the defendant did not deceiving the victims, nor had the intent or ability to pay the defendant at the time.

(2) Although the Defendant removed the victim’s grandchildren, etc. by asking the victim C’s son, there is no fact that the victim’s son was removed from several times.

B. In light of the legal principles, C’s hand, etc. to escape from the state in the situation where C’s flaps were flabed and flabed by the Defendant’s flab, and the Defendant’s flab was flabed, it constitutes self-defense or excessive defense.

C. The lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. Ex officio judgment (the part obtained by defraudation of KRW 1 million on December 1, 2009, No. 12-200,000,000 won per annum of crime list (1) in the judgment of the court below against the victim F among the facts charged);

A. On December 1, 2009, the summary of the facts charged in this part of the charges stated that “The money is needed to establish an insurance company within Gangseo-gu Seoul Metropolitan Government” to C at the house of Gangseo-gu Seoul Metropolitan Government G, stating that “The principal and interest will be repaid.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to pay the principal and interest to the victim.

The defendant is against the victim.

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