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(영문) 서울남부지방법원 2015.08.13 2015노40
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the victims of the instant fraud crime shall be deemed D and I. At the time of the instant crime, the Defendant, D, and I shall be the relatives of the non-Dong-dong relationship. The instant crime constitutes an offense subject to victim’s complaint. Since there is no complaint against the Defendant by I, and D’s complaint is an illegal complaint with the lapse of six months, the prosecution shall be dismissed.

Even if the victim of the instant crime is deemed C, the public prosecution should be dismissed due to the lack of legitimate accusation by C. The lower court erred by misapprehending the legal doctrine on the period of complaint and complaint, thereby convicted the Defendant.

B. Even if the court below found the defendant guilty of unfair sentencing, in light of the fact that the defendant repents his wrong and reflects his wrong, and there is no record of punishment against the defendant, the sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined at the court below and the court below, as to the existence of a complaint, D was entrusted to her own 150 million won to her own account, and I also entrusted her 150 million won worth to her her son with the her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her.

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