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(영문) 춘천지방법원 2015.08.19 2015노17
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s fraud against Victim N in the judgment of the first instance court of mistake of facts, as to Defendant 1’s fraud, the victim N had the intent and ability to repay at the time as a chain relationship with the victim N, and as to the fraud against the victim Q, there was no intent to acquire by deceit since the victim Q was thought to have actually purchased the vehicle. 2) The sentence of each judgment of the lower court of unfair sentencing (the first instance court: the imprisonment of two years, and the second instance: the fine of one million won) is too unreasonable.

B. The second sentence of the court below against the prosecutor (the second judgment of the court below) is too unfasible and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal above ex officio, the first and second court sentenced the defendant to the above punishment after having undergone a separate examination against the defendant respectively, and the defendant was sentenced to the above punishment. The defendant filed an appeal against the second and second court judgment, and the court of the first and second court decided to consolidate the above appeal cases. Each of the crimes of the court below against the defendant was related to concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be exempted from all reversal.

In addition, at the trial of the court of first instance, the prosecutor sells the television received from private goods on the face of the victim at the victim's house located in Gangdong-gu Seoul Metropolitan Government P on December 2, 2013 and then sells the following money to the victim at the victim's house located in Gangdong-gu Seoul.

“The victim was given a set of TV from the victim at this time.”

The Defendant sold the said TV set, and kept 300,000 won for the victim, and embezzled the sales proceeds for personal use, such as living expenses, according to the mind of the victim at that time.

3. The Defendant, who embezzleds the Victim Q Q, on October 2013.

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