사기등
1. All the judgment of the court below (excluding the rejection of an application for compensation order) shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a period of ten years and ten months.
1. Summary of grounds for appeal;
A. Defendant A(1) and Defendant A’s assertion of misunderstanding of legal principles or mistake of facts (A) The first instance court convicted Defendant A of the fraud, despite the absence of the fact that Defendant A participated in the fraud.
Therefore, the first instance court erred by misapprehending the legal principles on the establishment of joint principal offense in fraud and by misapprehending the legal principles.
(2) Despite the fact that the amount of damage related to the Oaffiliated and T in the judgment of the first instance court is excessive, the first instance court was convicted of such excessive amount, and thus, the mistake of facts is erroneous.
(B) While Defendant A did not forge the content of collection of claims and the written investment agreement, the first instance court found Defendant A guilty of this part of the charges by misunderstanding the facts and finding the facts charged.
(C) Of the first instance court’s violation of the Labor Standards Act (1) 1 to 7, 9 through 11 of the crime sight table (5) as indicated in the judgment of the court below in the judgment of the court below, the employee submitted to the court below a written withdrawal of the complaint indicating the defendant A’s intention not to punish the defendant. As such, the judgment dismissing the prosecution pursuant to Article 327 subparag. 6
Nevertheless, the court below erred by misapprehending the legal principles since it was convicted of the above part.
② The part concerning workers listed in No. 8 of the crime sight table (5) as indicated in the holding of the court below is not a person liable for the payment of wages but a person liable for the payment of wages, and thus there was a mistake of mistake of facts.
(D) In the second instance trial, Defendant A was convicted of violating the Labor Standards Act even though it was not a person who is obligated to pay wages, and thus, Defendant A was found guilty.
(E) During the second instance trial, Defendant A convicted of the charge of forging private documents and the uttering of falsified investigation documents despite the absence of the enemy committing this part of the crime.