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(영문) 서울고등법원 2016.07.14 2015노3337
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant 1 who misleads the victim F as to his knife and knife the knife in the main room.

On the other hand, the court below found the victim F guilty of special intimidation against the victim F among the facts charged in this case, although the knife was only taken from the victim F, and did not threatened the victim F. The court below erred by misunderstanding of facts.

2) The lower court’s improper sentencing is too unreasonable.

B. In full view of the evidence submitted by the Prosecutor 1), even though the Defendant could fully recognize the fact that the Defendant deceiving F and acquired a sum of KRW 1,03,00 million from F, the lower court acquitted the Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in the instant case. The lower court erred by misapprehending the facts.

2) Improper sentencing of the lower court is deemed unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s assertion of mistake of facts, i.e., ① the victim F finds the Defendant’s house at the victim F around February 4, 2012, and knife and knife the Defendant’s house and die in China.

In doing so, the victim F made a statement that "the defendant was in an emergency room in the hospital, and the victim F was in an emergency room in the hospital, and the victim F was in an emergency room in the hospital." The details of the statement are specific and consistent, and ② at the investigation agency and the court of original instance, K changed the phone from the victim F to the hospital as soon as possible and changed from the victim F to the hospital, and the defendant was under medical treatment, and the victim F was about to die when the victim F was in an emergency room in the China.

In addition, I stated to the effect that the Defendant was fluored with the consciousness of the Defendant’s fingers, and LA investigative agencies and others.

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