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(영문) 부산지방법원 2013.03.28 2012노3610
사기등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the Defendant received a total of 3,400,000 won from Q over several times in the case of Defendant (Appeals as to the part of guilty in the original conviction) 1), Defendant 201 Go-Ma9678, the lower court found Defendant guilty of this part of the facts charged on the sole basis of the statement in Q’s investigative agency, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B) Of the instant cases, the Defendant received KRW 10,40,00 from AG to transfer money of KRW 201,00 from the Defendant and AG was paid on behalf of the Defendant and returned the part to which AG is to be borne by the same drinking value as the Defendant and AG, and did not receive it by deceiving and deceiving AG, the lower court found the Defendant guilty of this part of the facts charged, but there is an error of law that affected the conclusion of the judgment by misunderstanding the facts. 2) Even if it is not an unreasonable sentencing decision, the lower court’s sentencing (three years of imprisonment) is too unreasonable.

B. On November 7, 2006, the prosecutor (Appeals as to the part of acquittal) 1, 2006, concerning the facts charged that the defendant acquired cash of 5.4 million won and handphones, passbooks, etc. over eight times as shown in the attached Form (1) of the crime log table 27 through 34 as shown in the judgment of the court below from November 21, 2006 to December 21, 2006, the court below found the defendant guilty of the crime described in the above crime log 27, 29, 30 on the basis of the circumstances after the crime was committed on the grounds that the defendant denied the criminal intent, and found the defendant not guilty of the crime by mistake in this part of the judgment, which affected the conclusion of the judgment.

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