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(영문) 인천지방법원 2015.06.11 2014노4831
사기등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for three years.

The defendant shall pay 90,000,000 won to an applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s assertion of mistake of facts in the facts charged in the first instance judgment, 1) the fraud part against the victim N, 2013 Highest 2928, 2) the fraud part against the victim N, 2013 Highest 3541, 3) the fraud part against the victim H, 2013 Highest 3541 (hereinafter “this part of the charges”).

As to the facts charged, the court below erred by misapprehending the facts, even though there was no intention of deception or deception of the above victims.B. The prosecutor and the first instance court asserted that the first instance court's imprisonment (two years of imprisonment) declared against the defendant is too uneasible and unfair, and that the defendant's punishment is too unreasonable.

2) As to the punishment sentenced by the second instance court against the defendant (one month of imprisonment), the defendant asserts that the punishment is too unreasonable. 2. The first and the second instance court ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, completed a separate hearing against the defendant, respectively, and the court below decided on November 27, 2014 with two years of imprisonment and nine million won of imprisonment, and the second instance court's order for compensation as to the defendant's imprisonment and nine million won of imprisonment, and the first instance court's order for compensation as to the defendant's imprisonment and the second instance court's punishment as to the second instance court's punishment as to the first instance court's imprisonment and the second instance court's punishment as to the second instance court's punishment as to the first instance court's imprisonment and the second instance court's punishment as to the second instance court's punishment as to the defendant's imprisonment and the second instance court's punishment as to the second instance court's punishment as to the second instance court's punishment as to each of the first and the second instance judgment.

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