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(영문) 광주지방법원 2019.05.16 2019노272

사기

Text

The judgment below

The part, other than the rejection of the application for compensation, shall be reversed.

Defendant

A Imprisonment for one year, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles did not recognize the fact that Defendant A had no capacity or intent to give employment to E, so there was no intention of fraud, and even though there was no conspiracy to commit the instant crime with D or Defendant B, the lower court convicted Defendant A of the instant charges. In so doing, the lower court erred by misunderstanding of facts and misunderstanding of legal principles. 2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. Defendant B’s imprisonment (two years of imprisonment) is too unreasonable.

2. Determination

A. The following facts or circumstances acknowledged by the court below's determination of the misconception of facts and misapprehension of legal principles as a whole based on the evidence duly adopted and investigated by the court below. ① The defendant A acknowledged the fact that the investigative agency conspireds with the defendant Eul to the court below to recognize the victims and received property by deceiving them, and the circumstances to suspect the credibility of the statement are difficult; ② the defendant A did not have been actually employed among the persons who requested employment to D; ③ the defendant A was aware of the fact; ③ the defendant Eul and the defendant Eul came to know through the defendant Eul; and the defendant A performed the role of receiving money from the defendant Eul in the course of the crime of this case and delivering it to D; ④ The defendant Eul was bound to have shared the actions in essence related to the elements of crime of fraud; ④ The defendant Eul conspireded with the defendant Eul to find employment by asking only his friendship AF and the defendant Eul, or her husband to the Gwangju Factory E; and in view of the fact that the defendant Gap participated in the crime of deception against the defendant Gap and the victim.