beta
(영문) 부산고등법원 2017.04.13 2016노780

사기등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and four months.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to Defendant A (a year and June, etc.) is too unreasonable.

B. Defendant B 1) misunderstanding of facts or misunderstanding of legal principles (the part concerning the crime No. 2-B), which Defendant B received from the injured party, is merely borrowed money from the injured party to raise funds necessary for the Gu election campaign fund and the operation of the company, and although the Defendant did not have received money under the name of deceiving the injured party as well as soliciting or arranging the affairs handled by public officials as stated in the above criminal facts, the court below found Defendant B guilty of all of the charges. The judgment of the court below is erroneous in the misapprehension of facts and misapprehension of legal principles as to the part concerning the crime No. 2-A., which affected the conclusion of the judgment (the defendant alleged on the ground that the misunderstanding of facts or misunderstanding of legal principles as to the part concerning the crime No. 2-A., which was the first judgment of the court below, was alleged on the ground that this part of the crime was led to the withdrawal of mistake or misunderstanding of facts at the second hearing date of the court below, and only the unfair sentencing was alleged on the ground that this part of the judgment was unlawful.

(c)

The sentence imposed by the prosecutor by the court below against the defendants is too uncomfortable.

2. Determination

A. As to the Defendant B’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court denied this part of the facts charged by asserting the same purport as the grounds for appeal, and on this basis, based on the circumstances acknowledged by the evidence in its reasoning, the lower court, as indicated in its reasoning, dismissed the victim and handled by the public officials as well as by deceiving the victim under the circumstances described in Article 2-2-b. of the facts