beta
(영문) 의정부지방법원 2018.11.05 2018노822

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s sentence (6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.

B. Prosecutor 1) Fact-misunderstanding and misunderstanding of legal principles (as to the acquittal portion of the judgment of the court below), C knew that it was engaged in the so-called “loan work” in order to obtain a loan exceeding one’s own credit with the Defendant, and that it was involved to some extent in such loan work.

Even if C grants a loan of KRW 500 million from the Defendant, it is recognized that the Defendant and B have commenced the execution of the crime of fraud and deception, because C paid the expenses by the horses.

Nevertheless, the lower court rendered a not guilty verdict on this part of the facts charged, and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. In light of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal principles, the court below duly adopted and examined the evidence examined by the court below in comparison with the records of this case, it is not sufficient to recognize that the court below, based on the evidence submitted by the Prosecutor as to this part of the facts charged, by deceiving the Defendant to have the financial institution loan KRW 500 million from the financial institution, in collusion with B, and it is not sufficient evidence to acknowledge that this constitutes a case where there is no other evidence to acknowledge it, and thus, it is reasonable to find the

Therefore, the above judgment of the court below is just and there is an error of misunderstanding of facts or misunderstanding of legal principles.

Therefore, the prosecutor's mistake of facts and misapprehension of legal principles are without merit.

B. We also examine the criminal defendant and prosecutor’s improper argument about sentencing.

The defendant recognized the crime of this case and is in depth against it.