(영문) 서울남부지방법원 2015.07.10 2015노340

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(영문) 서울남부지방법원 2015.07.10 2015노340

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. Fact-finding 1,00,000 won on August 28, 2008 (No. 1 attached to the judgment of the court below) and 2,000,000 won on September 9, 2008 (no. 2 of the same crime list) were borrowed from the victim H, and did not mean that they would be used as government personnel and meal expenses for non-financial withdrawal.

On October 6, 2008, KRW 100,000,000 is to arrange L to borrow KRW 100,000,000 per week, and to deposit L into the M’s account under the direction of L by the injured party, but L does not have a 100,000,000,000, since L did not deceive the injured party.

B. In light of the fact that the Defendant repaid 1,00,000 won by defraudation from August 28, 2008 (No. 1 attached to the judgment of the court below) and 2,000,000 won by defraudation from September 9, 2008 (No. 2 attached to the judgment of the court below) to the victim H on January 2014, 208, the Defendant repaid 1,00,000 won by defraudation from October 6, 2008, and that there was an agreement with the victim, the sentence of imprisonment of eight months sentenced by the court below is too unfair.

2. Determination

A. First of all mistake of facts, 1,000,000 won on August 28, 2008, the same year

9. On September 28, 200,000 won, according to the evidence duly admitted and examined by the court below, (1) the victim H refers to sending money to investigative agencies and the court below for non-financing with the government personnel and meals; and (2) the victim H refers to sending money to the government personnel and the defendant at the court below for non-financing; and (3) the same year.

9.9. 2,00,000 won was remitted to the Defendant; 2) The Defendant also received the second suspect examination from the police and received the second suspect examination from the police, and “B” newspaper called “I have actually provided meals with the present government employees in relation to the amount of KRW 1,00,000 on August 28, 2008” of the police officer’s “I have been a frank,” and it is at the same risk that it actually provided meals to the Defendant.

“Written reply” (Evidence Nos. 2, 87) and 3.

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