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(영문) 창원지방법원 2016.12.21 2016노953
사기
Text

1. The judgment below is reversed.

2. Defendant A shall be punished by imprisonment with prison labor for two years and by imprisonment with prison labor for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The occupation of Defendant A belongs to the victims of misunderstanding of facts, and the person who acquired money is Defendant B, and Defendant A did not call the name of the law firm Mate law firm or receive money from the victims as stated in the facts charged in the instant case. 2) The sentence sentenced by the lower court of unfair sentencing (two years of imprisonment) is too unreasonable.

B. Defendant B 1) misunderstanding of facts and misunderstanding of legal principles as to ① Defendant B’s statement that Defendant A would be allowed to open a bar and N points. Defendant B is H. The victim of this part of the crime is not only I but also H, and Defendant B’s defense counsel in this part of the crime did not legally file a complaint with Defendant B. However, the instant facts charged against Defendant B are not crimes against Defendant B but crimes against Defendant B, and even if a person who suffered property damage due to this part of the crime is H, it is not a judgment of dismissal of prosecution, apart from being pronounced not guilty, and thus, Defendant B and Defendant B’s defense counsel in this part of the crime are also not guilty. Defendant B and Defendant B did not know that this part of the crime was committed by Defendant B and Defendant B were not guilty. The instant facts charged against Defendant B did not constitute a crime against Defendant B, but did not constitute a judgment of dismissal of unfair sentencing. Thus, Defendant B and Defendant B’s mother did not know that Defendant B and Defendant B were not guilty.

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