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(영문) 수원지방법원 2015.05.14 2015노197
사기
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

The judgment below

Part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. On November 8, 2011, the Defendant and the defense counsel (1) committed a mistake of facts against the victim G (2.5 million won in the lower judgment) by requesting the Defendant to purchase TXG vehicles on November 8, 201, and remitting KRW 2.5 million to the Defendant. The Defendant purchased TXG vehicles from R and transferred the said vehicle to the victim G, and the Defendant did not borrow KRW 2.5 million from the victim G.

(2) The victim G merely lent 6 million won to S according to the introduction of the defendant, and it does not lend 6 million won to the defendant.

(Crime Table 2 No. 6). The fact that the defendant brought the Montreal vehicle from the victim G and did not pay the price of three million won. However, even though the above vehicle requires the victim G to bring it again due to mechanical defects, the victim G refuses it.

(Crime Table 2 No. 11). The Defendant did not acquire 400,000 won from the Victim G as stated in the facts charged.

(B) Although the Defendant borrowed 22 million won from the victim'sO, the lower court did not induce the victim'sO as stated in the facts charged, even though it did not mislead the victim'sO as stated in the facts charged. (B) The fraudulent part against the victim'sO (Article 3 of the lower judgment) was erroneous.

Nevertheless, the court below erred by misapprehending the facts, thereby finding the guilty of this part of the facts charged.

(2) In light of the fact that the Defendant is trying to recover from damage caused by unreasonable sentencing and the circumstances leading to each of the instant crimes, the lower court’s sentence that sentenced one and half years of imprisonment is too unreasonable.

B. (1) The prosecutor (1) misunderstanding of facts and misapprehension of legal principles (as to the acquittal portion) C.

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