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(영문) 대전지방법원 2015.09.11 2014노2982

사기

Text

The judgment of the court below and the judgment of the court below are all reversed.

Defendant

B shall be punished by a fine of KRW 3,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant A and C (the part of the judgment of the court of first instance) 1 did not have an intention to acquire by deceit. 2) The sentencing of the court below (the defendant: the fine of 500,000 won for each of the defendants) is too unreasonable.

B. Defendant B (1) misunderstanding of facts (the part of the judgment of the court of first instance) did not have an intention to defraudation. 2) The sentencing of the court of unfair sentencing (the judgment of the court of first instance: the fine of KRW 700,000, the second judgment: the fine of KRW 3 million) is too unreasonable.

2. Determination as to Defendant A and C

A. As to the assertion of mistake of facts, the Defendants and the defense counsel had the same assertion as the grounds for appeal in the lower court, and the lower court, under the title “determination on the Defendant and the defense counsel’s assertion” of the judgment, provided a detailed statement of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, found the Defendants guilty of the facts charged in this case by taking into account

A thorough comparison with records, the above judgment of the court below is just and there is no error of law by mistake of facts.

The above assertion by the Defendants is without merit.

B. As to the assertion on unfair sentencing, the instant case is not good for the Defendants to commit the crime by deceiving the victims by deceiving them in collusion with B, but the Defendants did not have any criminal record, and only agreed with the victims, and the amount of damage is relatively minor.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendants’ age, family relation, living environment, motive, details and result of the crime, and circumstances after the crime, the sentence of the lower court is too unreasonable.

The above assertion by the Defendants is with merit.

3. Judgment on Defendant B

A. We examine ex officio prior to the judgment on the grounds for appeal 1.

The defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance, and this court shall concurrently examine the above cases.