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(영문) 광주지방법원 2019.06.13 2018노2137

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

An application for compensation order by an applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The crime of attempted fraud against the victim I is recognized. However, with respect to the crime of fraud against the victim N and C, the crime of fraud against the victim N and C shall be committed on November 24, 2017, with respect to 19:30 on November 24, 2017.

2) It is difficult to view that the evidence submitted by the Prosecutor alone was insufficient to prove that the victim N has delivered the “hybus” to H with the “hyer belt” without any reasonable doubt.

B. The lower court’s sentence of unreasonable sentencing (the first instance judgment: imprisonment with prison labor for three years, and imprisonment with prison labor for two years) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried by examining each appeal case against the judgment of the court below jointly. Each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from reversal.

However, despite such reasons for ex officio reversal, the defendant's assertion of mistake is still subject to the judgment of this court.

3. Judgment on the defendant's assertion of mistake of facts

A. A. A summary of the facts charged 1) On November 22, 2017, the Defendant’s fraud against the Victim N, the Defendant: (a) made an agreement with the Victim N that he/she sold her her her her her her her her her her her her her her her she was opened in the vicinity of Goyang-dong, Yongsan-gu, Goyang-si, Busan ( via B, the Internet used her her her her her her shed her her her her shed her her her her her shed her with a her her her her her her shed her her her her her shed her her shed her with a her her her shed her her her her she sold

It is intended to deposit money when sending a receipt that he/she has received a delivery store by packaging the sold wastes, and then affixing a photograph.