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(영문) 춘천지방법원 2015.06.17 2014노458

사기등

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of 1,00,000 won.

Reasons

1. Summary of grounds for appeal;

A. As to the fraud and deception against Defendant (Definite person) 1), the Defendant did not defraud the F with the cultivation cost of KRW 10 million by deceiving the F as stated in the judgment of the court below. Therefore, the Defendant’s accusation against the Defendant in fraud constitutes a false accusation, and thus, the Defendant did not report false facts. 2) As to the violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) (a crime) as stated in the judgment of the court below, the Defendant did not inflict any injury on I, and further, there was no fact between the place of crime and the place of crime.

3) As to the accusation against I, since I did not inflict an injury on the defendant, the defendant is not guilty. (b) According to the evidence submitted by the prosecutor, the court below found the defendant guilty of this part of the facts charged, which is erroneous in the misapprehension of legal principles and affected the conclusion of the judgment, although the court below found the defendant guilty of this part of the facts charged, which is erroneous in the misapprehension of legal principles as to the grounds for appeal by mistake of facts and in the judgment on the grounds for ex officio determination, the prosecutor examined " around August 12, 2013" in Paragraph (2) 5 of the facts charged in the case No. 2013, Aug. 12, 2013, " around August 12, 2013," and "in addition, the court changed the facts charged in this case to " around 130, 2018," and "in addition, the court changed the facts charged in this case's indictment to " around 12, 2013" and " around 13, 2008.130.3.1.3.8."

The judgment of the court below on the ground of the above ex officio destruction may be maintained any more.