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(영문) 서울중앙지방법원 2017.04.21 2017노110

사기

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of the facts and misapprehension of the legal doctrine are cited on the grounds of appeal by mistake and misunderstanding of the facts. The Defendant’s assertion of misapprehension of the legal doctrine is not recognized as guilty on the ground that the credibility of the statement made by the joint Defendant B and the victim I is lower, and as a whole, the Defendant’s assertion of misunderstanding

The facts are examined together with the misunderstanding of legal principles.

Defendant

A There is no act of deception, such as the entry in the facts charged, in collusion with Defendant B.

2) The punishment of the lower court is too heavy.

B. Defendant B’s misunderstanding of the facts as stated in the facts charged was directed the victim I to the same purport as the stated in Defendant B’s charge, but it was delivered as the result of the education received from Defendant A, and it was entirely unaware that the content was false.

2) The punishment of the lower court is too heavy.

(c)

The sentence imposed by the court below on the Defendants of the public prosecutor is too minor.

2. Determination

A. Defendant A’s assertion 1) As to the assertion of misunderstanding of facts and legal principles, Defendant B repeatedly received education from the prosecution to the court of original trial to the effect that “at least three times the land prices within three years may be wide,” and Defendant A repeatedly stated that “the development information is accurate in that it deducteds an urban plan from a public official,” and that such education was made.

The court should carefully approach the substance of the case, as there is a risk that the statement made by the accomplice will be made false or distorted in order to avoid the responsibility to the other accomplice or to avoid the responsibility. However, the accomplice who makes such a statement not only leads to the confession of the crime that he/she participated as an accomplice, but also to the relationship of internal conspiracy or role sharing among the accomplices, so that he/she is more well aware of the credibility of such statement.