beta
(영문) 서울중앙지방법원 2015.09.17 2015노2972

사기등

Text

[Defendant A] Of the lower judgment, each of the crimes as indicated in the Decision 2013 Height8437 against Defendant A and the crimes as stated in the Decision 3, 2014 Height486.

Reasons

1. Progress of litigation;

A. The lower court acquitted the Defendants of the violation of the Automobile Management Act among each of the facts charged in the instant case, and found them guilty of the remainder of the facts charged, and sentenced the Defendants A to imprisonment with prison labor for one year, each of the crimes listed in the judgment of 2014Kadan486, which were listed in the judgment of 2014Kadan486, and the crimes listed in the judgment of 2014Kadan486, which were listed in the judgment of 2014Kadan486, and sentenced the Defendants C to one year (and 600,000 won) and two years of suspended execution for eight months.

B. Prior to the remanding of the case, the Defendants appealed on the conviction part of the lower judgment, and the Prosecutor appealed on the ground of unreasonable sentencing only for the conviction part of the lower judgment.

(Final) The part of the judgment of the court below which acquitted Defendant A of the violation of the Automobile Management Act that was pronounced not guilty during the original trial is determined as not guilty of fraud as to the facts No. 2 of the judgment of the court below, and the part concerning each of the crimes in the judgment of the court below as to Defendant A of 2013 Godan8437 and the crimes No. 2 and No. 3 of the judgment of the court below as to Defendant A of 2014Kadan8486 and the crime No. 2 and No. 4866 of the judgment of the court below is reversed, and each of the crimes in the judgment of the court below is sentenced to one year (and 600,000 won) and one-year imprisonment (and 600,000 won) with respect to the facts No. 2 of the judgment of the court below as to Defendant A of 2 of the judgment of the court below, and both the Defendants and the prosecutor's appeal against Defendant A of the remaining guilty part of the judgment of the court.

C. The Supreme Court's appeal against the judgment of the party before the dismissal, reversal, or remand of the appeal and the judgment of the Supreme Court are as follows.

(1) As to the part of the first crime (one-year imprisonment in the first instance court) in the judgment of conviction against Defendant A (one-year imprisonment in the first instance court) that was dismissed by both parties’ appeal, the Supreme Court dismissed Defendant A’s appeal on the ground of mistake of facts and misapprehension of legal principles.

(2) Before remand. (3)

참조조문