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(영문) 대전지방법원 2020.12.17 2020노3268

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The victim merely introduced E to the victim by informing him of the method that he could work at a thermal power plant, and there is no fact that the victim knew as stated in the facts of the lower judgment. 2) The victim sent the victim to E, and only delivered two of the quasi-presidential wastes to E, and the Defendant did not acquire them. Therefore, it cannot be said that the victim acquired the property from the victim.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of first instance shall assess the credibility of the statement, taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is taking an oath before a judge, and the penology of the statement, and the penology of the witness’s statement, which are hard to record in the witness examination protocol, after being taken an oath before a judge. In a case where the statements made by the witness, including the victim, are mutually consistent and consistent with the facts charged, it shall not be dismissed without permission, unless there is any separate reliable evidence to deem that the statements made by the witness, including the victim, are objectively consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).