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(영문) 서울중앙지방법원 2014.06.26 2014노933
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of mistake of facts, there was no fact that the Defendant could sufficiently become the C Head of the C Head of the C Head of the C Head of the C Head of the C Head of the C Head of the District Court, and that he would take office within two months, and there was no fact that he/she deceivings the victim, such as the

In addition, all the money received by the defendant is limited to KRW 1.5 million, and KRW 50 million among the remaining KRW 100 million, M Do and KRW 50 million have been brought to Z.

B. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's authority, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the defendant, and the prosecutor applied for the amendment of indictment with respect to the criminal facts of this case by changing the applicable provisions to "Article 347 (1) and (2) of the Criminal Act" from "Article 347 (1) of the Criminal Act", and since this court permitted this, the judgment of the court below cannot be maintained any more in this respect.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court, even though there are such reasons for the above ex officio reversal, and this will be examined below.

3. The defendant and defense counsel asserted the same purport as the reasons for appeal of this case at the court below, and the court below rejected such assertion in detail under the title "the judgment on the defendant's assertion" in the court below's decision. The court below's decision is just and acceptable when comparing the above judgment of the court below with the records.

In addition to the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant deceivings the representative director of the victim JJ company and Q Q (hereinafter referred to as "victim") to the total amount of 250 million won.

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