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(영문) 서울중앙지방법원 2019.01.04 2018노1538

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation failed to file an objection against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation was immediately finalized.

Therefore, among the judgment below, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.

2. Summary of grounds for appeal;

A. Defendant A (A) 1) Fraud against the Victim K (2016 highest 7632) Defendant A did not commit any deceitful act against the Victim K.

B) The fraud of the victim R (2017da3164) was committed by Defendant A, without any share of the commission of the crime committed by Defendant A, and there was no intent to defraudation because the T Group Investment case was believed to be true. C) Defendant A did not commit any deceitful act against the victim’s Z (2018da414). Defendant A did not commit any deceptive act against the victim’s Z, and the victim Z requested AC to manufacture the signboard before entering into a contract with Defendant A, and there is no causal relation.

2) The lower court’s sentence of unfair sentencing (two years of imprisonment) is too unreasonable and unfair. B. Defendant C (2017No. 3164) 1) misunderstanding of facts did not have conspired to commit the instant crime with B, Defendant A, and Defendant C, and there was no intention to defraud the Defendant C.

2) The lower court’s sentence of unreasonable sentencing (two months of imprisonment and two years of suspended execution) is too unreasonable.

3. Judgment on the assertion of mistake of facts

A. Comprehensively taking into account the following circumstances acknowledged by the evidence duly adopted and investigated in the lower court and the lower court’s trial, Defendant A can be recognized as deceiving the Victim K, and at least the intention of deceiving the Victim K can be recognized, as such, Defendant A’s allegation in this part is without merit.

1 Victim K is consistent from investigative agencies to the court of original trial.