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(영문) 서울고등법원 2016.04.15 2015노3351

사기등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s misunderstanding of the facts (the fraud and defense violation of the law on August 5, 2009) did not receive KRW 2 million as well as a solicitation that “the victim G’s wife does not pay the child support in a divorce lawsuit.”

Nevertheless, the court below erred in finding the defendant guilty of this part of the facts charged.

2) The lower court’s sentence against an unfair defendant in sentencing (one year and two months of imprisonment, additional collection of 33 million won) is too unreasonable.

B. Defendant B(1) misunderstanding the fact that the Defendant had not conspiredd with A to commit a crime, and the Defendant was aware that A had actually worked as a senior executive officer. As such, the Defendant did not have any intention to commit the crime by deception.

Nevertheless, the court below erred in finding the defendant guilty of this part of the facts charged.

2) The lower court’s sentence (a year of imprisonment, an additional collection of KRW 24 million) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. Judgment of the court below as to Defendant A’s assertion of mistake of facts