logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.13 2019노3651
사기등
Text

The judgment of the court below is reversed.

As to the crime No. 1 in the judgment of the defendant, each of the crimes of No. 2 and No. 3 in the judgment of the court.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the crime of 1 in the market), the Defendant decided to invest in the victim B and the scrap metal business, received the investment money, and invested in the business entity that actually engaged in the scrap metal business, but did not recover the investment money due to the circumstances of the business entity.

Therefore, the judgment of the court below that recognized this part of the defendant as the intention of deception or deception is erroneous in mistake.

B. Each sentence sentenced by the court below on the grounds that the sentence of unfair sentencing (the first sentence: imprisonment with prison labor for one year, and the second and third crimes: imprisonment with prison labor for one year and six months) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

According to the evidence 1, 2, and 3 submitted by the defense counsel of the defendant, the defendant was sentenced to six months of imprisonment for each crime against the crime that he/she acquired 100,000,000 won from the victim AT corporation on October 25, 2019, and obtained 100,000 won from the victim AT corporation on June 26, 2006, and that he/she acquired 35,60,000 won from September 27, 201 through November 12, 2011, and each crime that acquired 35,60,000 won from the victim AU from the victim AU was sentenced to six months of imprisonment for each crime. The defendant appealed to the Supreme Court on December 24, 2019, but the above judgment became final and conclusive on the same day upon receipt of the decision to dismiss the appeal on December 24

Therefore, in addition to the crime of fraud which became final and conclusive on June 5, 2009 in the judgment of the court below, the crime of fraud against the above victim AT corporation, which became final and conclusive on December 24, 2019, and the crime of fraud against the above victim AT corporation, as stated in the judgment of the court below, and the crime of fraud against the above victim AU, which became final and conclusive on December 24, 2019, and the latter part of Article 37 of each Criminal Act, shall be sentenced to punishment in consideration of equity and the same.

However, the judgment of the court below was rendered before the Seoul Central District Court Decision 2019No1070 decided, and it was no longer possible to maintain any further since each of the frauds in the judgment could not be considered.

However, the above reasons for reversal are as follows.

arrow