사기
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact, the Defendant was merely lending a credit card that paid medical expenses by deceiving E, and there was no conspiracy to commit a crime with E, and did not perform the practical duties for the realization of the crime.
B. The sentence of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts in the lower court’s court, the Defendant denied the Defendant’s previous statement to the same effect as the grounds for appeal that led to the confession in the first instance court, and reversed the Defendant’s previous statement to the same effect. In determining the credibility of a confession, the determination shall be made taking into account all the circumstances, such as whether the content of the confession’s statement itself is objectively rational, what is the motive or reason for the confession, what is the background leading up to the confession, and what is the circumstance leading up to the confession, and whether there is no conflict or inconsistency with the confession among the circumstantial evidence other than the confession (see, e.g., Supreme Court Decision 2011Do6497, Jan. 27, 2012). In light of the background leading up to the Defendant’s confession of the facts charged, other evidence other than the confession, and
특히 피고인은 수사기관에서 E과 함께 병원에 다녀온 하루, 이틀 후 E으로부터 “ 피고인의 남편인 C 명의의 보험으로 피고인의 시부모님 보약을 지어 드리는 것으로 원장과 말을 맞춰 놨다” 라는 취지의 말을 들었고, C의 보험으로 보험금을 청구하자는 E의 제안을 거절하지 못하고 응하였다는 것이며, E, B의 진술 또한 피고 인의 위 진술에 부합한다.
In light of the evidence duly admitted and examined by the court below as above, the judgment of the court below convicting Defendant 1 as to the facts charged of this case is just.
Therefore, the defendant's above assertion is without merit.
B. Sentencing;