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(영문) 대전지방법원 2021.02.18 2020노3695
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

On December 20, 2013, in the first head of the facts charged in the instant case, the prosecutor, “The Defendant was sentenced to eight months of imprisonment for fraud in support of Sugwon, Sugwon, and completed the execution of the sentence in the said prison on August 21, 2014.

In addition, the applicable law added "(Article 35 of the Criminal Code)" and applied for amendments to a bill of amendment to the indictment. This court permitted the addition and the subject of the judgment was changed.

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, on the ground that the above grounds for appeal are reversed ex officio, and the judgment below is reversed and it is again decided as follows

【The reason for the judgment to be used again 【The fact that the Defendant was sentenced to eight months of imprisonment for fraud in the support of Suwon Friwon, which was committed on December 2013, 2013, and completed the execution of the sentence on August 21, 2014.

[2] The criminal facts [200 order 2008 case] The defendant sent a phone call to the victim B on February 17, 2018, and borrowed only KRW 700,000 to require the agreement, and there is a relationship with the head of the construction site site site. He/she will introduce the Dongba system construction work in the river site, Asan, and the former construction site through the person. He/she will pay for the same money as the Dongba system construction work.

“A false representation was made.”

However, the defendant did not have the intention or ability to introduce a field complaint that can perform the same system construction work at the time, and there was no intention or ability to repay the money to the victim even if he borrowed money from the victim because he did not have any special property under bad credit.

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