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(영문) 인천지방법원 2021.02.05 2020노2700

사기등

Text

The remainder of the judgment of the court of first instance and the judgment of the court of second instance except for the compensation order shall be all reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misapprehension of legal principles, without clear awareness that the Defendant was guilty of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of each

2) The punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for a year and six months, and the second instance judgment: imprisonment with prison labor for a period of ten months) is too unreasonable.

(b) the above sentence declared by the first instance judgment of the Prosecutor is too unfied and unreasonable;

2. Determination

A. Each appeal case against the judgment of the court below was joined in the judgment of the court below at its discretion. Each of the offenses against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1)2 of the Criminal Act.

Therefore, the remainder of the judgment of the court of first instance and the judgment of the court of second instance except the compensation order is no longer maintained.

However, notwithstanding the above reasons for reversal of authority, the defendant's assertion of mistake is still subject to a trial by this court, and this is examined below.

B. Determination 1 on the Defendant’s assertion of mistake of facts) The Defendant asserted the same purport as the grounds for appeal in this part of the judgment below.

In regard to this, the court below, as stated in the above facts of the crime, has been executed by dividing it into a total book, implementation book, solicitation book of passbook, withdrawal book, collection book, etc., and as co-offenders in charge of each role are closely connected and complete all crimes, it is difficult to complete the crime unless a certain role is performed properly. The defendant's act is closely related to other co-offenders' act as a role of withdrawing, delivering or remitting the amount of damage.