beta
(영문) 대구지방법원 2014.08.21 2013노4160

사기

Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A (two years of imprisonment with prison labor for a period of eight months) by the lower court is too unreasonable.

B. The prosecutor 1) According to the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles against Defendant A, the fact that the defendant deceivingsO and P through N and acquired money from them is sufficiently recognized.

Nevertheless, the judgment of the court below that it is difficult to regard O and P as the victim of fraud and that N is the victim of fraud, and there is an error of law by misunderstanding facts or by misunderstanding legal principles

B) The sentence imposed by the lower court on the Defendant is too uneasible and unreasonable. (2) According to the evidence submitted by the prosecutor against the Defendant B, the fact that the Defendant Company conspireds with the Defendant Company A or participated in the crime of defraudation by the Defendant Company A is sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted Defendant B is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The judgment of the court below on the part against Defendant A

A. The following circumstances revealed by the prosecutor's assertion of mistake of facts and misapprehension of the legal principles by the evidence duly adopted and investigated by the court below, namely, (1) in the court of the court below, the P made an investment after hearing the opinion that the H redevelopment project is possible due to the completion of the procedure for authorization of the H redevelopment project through N, (2) the P did not directly talk with the Defendants, and stated that there was no talk until the contract is concluded (157 pages of the trial record); (3) the P did not attend the place where the removal contract was concluded on January 14, 2007; and (4) the P did not attend the place where the Defendant entered into the removal contract on January 14, 2007.