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(영문) 춘천지방법원 2020.07.24 2019노493

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles have intention and ability to repay to the defendant.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, in a case where the Defendant consistently led to the crime from the investigative agency to the trial date, and reversed his own confession from a certain trial date, in addition to examining the credibility of the confession statement, the following should be examined: (a) the motive or reason behind the reversal of the confession, together with the motive or reason behind the reversal of the confession, and the details of the statement made after the investigative agency; and (b) whether there is evidence to support the reversal; (c) based on the aforementioned legal principles, the health care unit for the instant case; (d) the evidence duly adopted and examined by the lower court; (e) the Defendant had to pay a certain amount of money each month under rehabilitation procedure when he borrowed money from the victim; (e) the Defendant had no capacity to accept the money from the victim at the time of the instant crime; and (e) the Defendant had no capacity to accept the money from the victim at the time of his personal rehabilitation; and (e) the Defendant had no capacity to accept the money from the victim at the time of having borrowed the money from the victim’s debt.