(영문) 수원지방법원 2018.09.13 2018노4240 | 리걸엔진

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(영문) 수원지방법원 2018.09.13 2018노4240

사기등

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants asserted the prosecutor’s mistake of the fact that they committed a series of fraudulent acts by deceiving the victim suffering from mental division and receiving money from the victim, using the victim’s credit card in mind and allowing the settlement of the victim’s mobile phone small amount. The lower court erred by misapprehending the fact that the Defendants did not act of deception solely on the ground that the victim was unable to properly memory the cause of partial remittance or used for the cost of living.

B. As to the sentence of the lower court’s unfair sentencing argument by the Defendants and the Prosecutor (Defendant A: 8 months of imprisonment and Defendant B: 6 months of imprisonment), the Defendants asserts that it is too unreasonable for the Prosecutor as it is too unreasonable.

2. Determination

A. (1) The summary of the prosecutor’s assertion of mistake as to the facts in the facts stated in the lower judgment is as follows: (a) deceiving the victim as stated in the facts constituting the crime in the lower judgment; and (b) deceiving the victim through the transfer of the sum of 1,810,000 from December 6, 2016 to February 23, 2017 to the agricultural bank account in the name B; (c) having the victim receive four copies of credit card in the name of the victim from the victim; and (d) having the victim pay KRW 18,16,378 over 276 times from October 28, 2016 to February 28, 2017; and (e) having the victim pay KRW 1,319,240,00 through the mobile phone settlement on 23 occasions, and not having the victim pay the total amount of KRW 18,16,378; and (e) have the victim obtain property gains from the victim;

2) The lower court’s judgment: (a) The evidence submitted by the prosecutor alone is proven that the facts charged were proven, on the grounds that it is unclear how the injured party paid the above part ① as to what name the injured party paid and how the

In the above part, the defendant and the injured person did not each bear the living expenses, and among the card usage details, the victim's living expenses were not determined.

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