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(영문) 서울중앙지방법원 2016.07.21 2015노3553
사기
Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months.

Defendant

A’s appeal.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The lower court, in collusion with the Defendants on December 2, 2006, by deceiving the victims in relation to the acquisition of the F Hotel located in Daegu Suwon-gu Office in the name of “H” operated by the victim D (hereinafter “victim”).

Although it was recognized, the defendant B was bound by the defendant B to meet the victim, and the agreement was entered into upon the defendant B's request by the defendant B that the defendant borrowed KRW 100 million on January 12, 2007.

It is only signed in the evidence No. 2, and there is no conspiracy between the defendant B and the defendant.

Therefore, the court below erred by misunderstanding the facts (in relation to the Meet project of the Philippines where the defendant was a defendant, he can pay money to the defendant with the above hotel's business after acquiring the above hotel from the defendant while the defendant B did not pay the money with expenses.

On the other hand, I believe that the defendant B's behavior was committed together with the defendant B's intent to receive money from the defendant B, and that the victim was affixed with the above agreement, and as a result, the defendant B was affiliated with the defendant B who had no ability to take over the above hotel in India). 2) The punishment sentenced by the court below for an unfair sentencing (two years of suspended sentence in June) (two years of suspended sentence in prison) is too unreasonable.

B. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination ex officio as to Defendant B’s part of the judgment below

A. In a case that does not constitute death penalty or imprisonment with or without prison labor for an indefinite term or for more than ten years, special cases concerning the trial proceedings in the first instance court are recognized pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions in this case”), and such special cases are also recognized.

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