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(영문) 서울중앙지방법원 2016.12.08 2015노4339
사기등
Text

The first original judgment shall be reversed.

A defendant shall be punished by imprisonment for one year.

Defendant and prosecutor of the second judgment.

Reasons

1. Summary of grounds for appeal;

A. The grounds for appeal against the judgment of the court of first instance on the judgment of the court of first instance (1) that the defendant provided sufficient security at the time of borrowing funds from the victim and was a business that was in progress, and thus there was an intention to repay or a ability to repay, so there was no intention to obtain money, and thus there was no intention to obtain money, but the court below found the defendant guilty of 200 million won by deceiving the victim D without the intention or ability to repay.

(2) The sentence of the original judgment of the court of unfair sentencing (one year of imprisonment) is too unreasonable.

B. As to the guilty portion of the judgment of the second instance on the grounds of appeal against the judgment of the second instance, the defendant (1) committed an error in finding the guilty portion of the judgment of the second instance, on the ground that the defendant believed that Co-Defendant AC was entrusted with the sale thereof by the owner AF, and prepared and delivered private documents, such as a real estate sales contract, and had no authority to sell them to AC, and thus, he did not use a forged and forged private document or use a falsified private document, by deceiving the purchaser of the land, and did not have an intention to acquire the purchase price amount by deceiving the purchaser of the land, the court below erred in finding the guilty of the charge that the Co-Defendant AC committed a forgery of private document and

(B) The sentence of the original judgment of the court of unfair sentencing (eight months of imprisonment) is too unreasonable.

(2) As to the acquittal portion of the second judgment of misunderstanding of facts by the prosecutor (A). According to the evidence submitted by the prosecutor, even if the charge was found guilty of acquiring financial benefits from the victim Q, the lower court erred by misapprehending the facts and acquitted the Defendant of the above charges.

(B) The sentence of the lower judgment on the second sentence of unfair sentencing is too uneasible and unreasonable.

2. Determination

A. (1) On the judgment of the first instance court, the latter part of Article 37 and Article 39(1) of the Criminal Act are ex officio.

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