특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below
Among them, the guilty part against Defendant A and C and Defendant B shall be reversed.
Defendant
A.
The summary of the grounds for appeal is that the sentence imposed by the court below against the defendant A (one year and six months of imprisonment) is too unreasonable.
Defendant
C (In the judgment of the court below, the joint defendant A, who made a statement consistent with this part of the facts charged, is a person who has a motive to make a false statement unfavorable to the defendant, and thus, it cannot be reliable. However, at the time of the date and time indicated in this part of the facts charged, there was a fact that the defendant met A or made a call. However, this is merely a contact with the defendant with regard to the repayment of the amount of KRW 50 million, which A agreed to pay to the defendant. The defendant did not have conspired to commit a fraud as described in this part of the facts charged (in fact, G, an accomplice, was present at the court of the court of the court below and stated that he did not know the defendant, and even according to A's statement, the defendant did not know the fact that he replaced A's resident registration certificate photograph with G). Nevertheless, the court below convicted
The prosecutor (the non-guilty part of the judgment of the court below) submitted the grounds for appeal only for the non-guilty part of the judgment of the court below, but all of the part concerning the defendant B is the scope of appeal. Thus, the whole of the judgment of the court below is subject to the
The statement of the co-defendant A, consistent with this part of the facts charged, is more reliable than the statement of the defendant B.
Nevertheless, the court below rejected the above A's statement and acquitted the above facts charged, and the court below erred by misapprehending the facts.
The lower court determined ex officio: (a) the crimes of this case committed by Defendant A and the crimes of this case committed by Defendant A and the crimes of this case committed by Defendant A, which became final and conclusive on February 10, 201 after having been sentenced to two years by imprisonment with prison labor for the branch court of the Jeonju District Court on August 30, 201; (b) the crimes of this case committed by Defendant B; and (c) Defendant B, who was sentenced to five years by imprisonment with prison labor for the Incheon District Court on February 3, 2016.