beta
(영문) 대구지방법원 2015.09.25 2015노2420

사기등

Text

The judgment below

The guilty part and each fraud part shall be reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts does not have any fact by deceiving the victim D and the victim K, and the judgment of the court below which found Defendant guilty of this part of the facts charged without credibility of the victim’s statement is erroneous, which affected the conclusion of the judgment.

(2) The sentence of one and half years of imprisonment sentenced by the court below on unreasonable sentencing is too unreasonable.

B. In full view of the evidence submitted by the prosecutor (1) by mistake of facts and misapprehension of legal principles, the judgment of the court below that acquitted part of the facts charged is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

(2) The above sentence imposed by the lower court on the grounds of unreasonable sentencing is too uneasible and unreasonable.

2. Determination:

A. The defendant alleged that the court below did not deceiving the victim D and the victim K at all, and the court below rejected the defendant's above assertion in detail under the title "the judgment on the defendant's and the defense counsel's assertion" in the judgment. In light of the records of this case, a thorough examination of the judgment of the court below in light of the records of this case, it is just, and there is no error of law that affected the conclusion of the judgment, and therefore, this part of the defendant's assertion is without merit.

B. (1) The lower court’s determination on the prosecutor’s assertion of mistake of facts and misapprehension of the legal doctrine regarding D’s fraud (A) out of the acquitted portion of the lower court’s judgment, 20 million won out of the victim’s 45 million won, which the Defendant, victim, and M, sought explanation about investment in the sale and purchase of a factory from H, such as the Defendant, victim, and M, that M was the most actively invested, and that M was paid to H according to the agreement of the Defendant, victim, and M.