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(영문) 대전지방법원 2019.05.02 2018노2544

사기등

Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts under Defendant A1: Defendant A, along with Defendant B, deemed 20,00 won to be the tea price of the tea in the tea in the tea, Defendant A, but the multiple employees stated that “20,000 won would go to a two-way vehicle,” and the multiple employees thought that the multiple employees would pay a liquor price of KRW 20,000,000 to the multiple employees, and do not have any intent or ability to pay the liquor price. 2) Unjustifiable sentencing: The sentence of the lower court (a fine of KRW 3 million) is too unreasonable.

B. The lower court’s punishment (a fine of KRW 3 million) against the Defendants is too uneased and unreasonable.

2. Determination

A. The following facts and circumstances that can be acknowledged by the judgment of the court below and the court of the trial on the assertion of mistake of facts that Defendant A lawfully adopted and investigated by the evidence, i.e., (i) Defendant A entered the restaurant, with two employees of Defendant B and C, without having to go to a place where they recommended, and (ii) ordered them to drink and drink (in the investigation record, 35,42 pages), and (iii) Defendant A paid a total of KRW 47,00 to multiple employees before the restaurant, and Defendant B paid the above money to the restaurant, but Defendant A did not pay the above money directly to the restaurant, but Defendant A stated that the aforementioned money was sexual intercourse with the multiple employees (in the event Defendant A did not receive the above money from the victim, 34,42, 43, and 43, and 37,000,00 won, and Defendant A did not have the ability to pay the money to the victim and the employee before the restaurant, Defendant A did not have the ability to pay the money to the victim and the employee.