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(영문) 창원지방법원 2016.11.10 2016노2426
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

B. Prosecutor 1) In regard to misunderstanding of facts as to the fraud regarding KRW 5 million in cash as of January 28, 2010, and the fraud about KRW 11,000,000 in total five times from May 12, 2011 to July 13, 2012, and larceny, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the Defendant, as recorded in the facts charged, fraudulently acquired money to the victim as if he/she were to fully recognize the theft of the loan certificate, and acquitted the Defendant, even if he/she had sufficiently recognized the theft of the loan certificate. 2) The sentence imposed by the lower court on the Defendant of an unfair sentencing is too unreasonable and unjust.

2. Determination

A. 1) On January 28, 2010, the Defendant received KRW 5 million from the office in cash for the purpose of purchase, such as the collection of office, etc. to be kept in the office, by falsely concluding that the Defendant received KRW 5 million for the purpose of purchase, from the office, the Defendant received the money from the office in cash and acquired the money from the office.

B. On May 12, 201, the Defendant directly received construction costs from the victim at a non-fluorous place on May 12, 201, and the Defendant received 2 million won from the victim, i.e., from the victim, at a non-fluorous place on May 14, 201. On May 14, 201, i.e., the victim is affiliated with the victim by the above method, and i., the victim was transferred from the victim to the Gyeongnam bank account in the name of the Defendant. On May 16, 201, i.e., the victim was transferred from the victim to the Gyeongnam bank account in the name of the Defendant. On November 14, 2011, i.e., the victim was affiliated with the above method, and i., from the seat.

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