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(영문) 대구지방법원 2018.07.26 2018노1591

사기

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (the fraud against the victim'sO) U.S. misrepresentation of the Defendants' Bosishing organization "the National Bank"

In full view of the fact that H’s testimony concerning a financial institution referred to as the statement, the value of evidence is not high, and the crime against theO is difficult to be deemed to have been committed by the licensing organization of AA, it is reasonable to deem that the facts charged against theO was sufficiently proven.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged, which erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The punishment of each sentence sentenced by the lower court (one year and two months of imprisonment) is too unhued and unfair.

2. Determination

A. The lower court determined as to the assertion of misunderstanding the facts

According to H’s legal statements, the Defendants were affiliated with the Defendants.

E Organization provided E with the Defendants with the singish monetary method, and the education was conducted to misrepresent a new bank counselor; E was not to misrepresent a financial institution other than a new bank; was to misrepresent a new bank; was to misrepresent a new bank; and was to misrepresent a new bank; ② in the appellate trial case of F (total liability) and I ( telephone counselor) with regard to the sings to the victim O, the Defendants asserted that the act was led by the non-party Party A, who was not led by the sing organization, not by the sing organization, but by the non-party A, to the singish organization. In the above case, the appellate court acquitted the Defendant of the sing criminal facts against the victim O (Seoul District Court Decision 2016No5493, Apr. 26, 2017) by taking into account the evidence submitted by the prosecutor against the Defendants, which became final and conclusive. < Amended by Act No. 14530, Jun. 29, 2017>