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(영문) 서울북부지방법원 2015.10.02 2015노906
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of misunderstanding of facts or misunderstanding of legal principles, was aware of the fact at the time of misunderstanding of facts or misunderstanding of legal principles, and did not have been involved in the instant crime since he was only a person who received money from the victim, and there was no participation in the instant crime, and the victim did not lend money to her only 10 persons who received principal or 10 persons who received principal, not only borrowed money from her deception.

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

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts or misapprehension of legal principles, namely, from the investigative agency to the court of the court below, the victim, at the time, explained the victim of the victim that "at the time, the victim was "at the time from the investigative agency to the court of the court below, she was unable to prepare money in the present house because she was not good between her mother and her mother," and explained the victim about the method of purchasing money and the contents related to the house of Joseon, and the network L, which introduced the defendant to the victim, was followed by the defendant, and the victim issued three copies of the cashier's checks of KRW 10 million from the place to the defendant, and consistently stated that the victim was prepared by the defendant from the defendant (No. 2 No. 3 of the evidence list). At the time of the court of the court below, K, who was present at the scene, the victim made a statement that "at the victim's right to purchase money, 10 million won and 1 million won are returned after one week."

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