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(영문) 수원지방법원 2017.10.27 2017노462

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) shall be as follows:

In lieu of bearing the cost of demanding the claim amounting to KRW 350 million, the defendant would have to have KRW 15 million in the event of winning the lawsuit in the lawsuit in question, and as such, the certificate of the fairness of the Promissory Notes in this case was prepared, the defendant did not deceive the victim, nor did he intended to commit the crime of defraudation.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In cases where a defendant who was convicted pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions in this case”) was unable to attend a trial due to a cause not attributable to him/her, the defendant, etc. may request a retrial to the court of first instance within 14 days from the date on which he/she becomes aware of the fact that he/she was sentenced pursuant to Article 23-2(1) of the Act on the Promotion, etc. of Legal Proceedings (hereinafter “Rules on the Promotion of Legal Proceedings”), and if he/she fails to request a retrial within the said period due to a cause not attributable to him/her, he/she may request a retrial to the court of first instance within 14 days from the date on which the cause ceases to exist.

With respect to the judgment of the first instance court rendered guilty without the defendant's statement pursuant to the special provisions of this case, in case where the defendant claimed and accepted the right to appeal for the reason that the defendant could not file an appeal within the period of appeal due to a cause not attributable to the defendant or his/her representative without requesting a retrial pursuant to the provisions of the retrial, if such cause includes circumstances in which the defendant could not attend the trial due to a cause not attributable to him/her, it is reasonable to deem that the defendant asserted that there was a cause for the request for retrial pursuant to the provisions of the retrial, and that he/she has asserted the reason for appeal corresponding to "when a cause for the request for retrial exists" under Article 3

Therefore, the above-mentioned.