beta
(영문) 수원지방법원 2018.04.09 2018노636

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found Defendant 1 guilty of all of the crimes committed by the court below as guilty. Since all of the crimes committed by the defendant were committed when he stays in Korea due to a visa, the court below erred by misapprehending the legal principles as to this part of the charges.

2) The sentence of the lower court’s improper sentencing (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) Among each crime of which the lower court acquitted the Defendant of the facts, the Defendant was found to have committed each crime Nos. 3, 4, and 5 listed in the annexed crime list Nos. 2 of the lower judgment, at the call team to which the Defendant belongs at the investigation stage. Since the accounts used for each of the crimes listed in this part of the facts charged are the same as the accounts used for each of the crimes found guilty, the lower court acquitted the Defendant of this part of the facts charged.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of mistake of facts, each of the crimes in this part is acknowledged to have been committed at the Washington organization in which the Defendant belonged, and in order to escape from a public offering crime, it is required to actively restrain other accomplices from committing the crime. As such, the above crimes were committed during the period of stay in Korea as a matter of visa, etc., and the Defendant was merely committed during the period of staying in Korea.

Even if such circumstance alone, the defendant left this part of the crime's conspiracy.

shall not be deemed to exist.

The defendant's assertion that the judgment below erred by mistake of facts is without merit.

B. As to the prosecutor’s assertion of mistake of facts, the court below did not recognize that the defendant committed the call team to which the defendant belongs while specifying each of the crimes in the investigation stage.