logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.10.31 2013노4135 (1)
사기
Text

All judgment of the court below shall be reversed.

The defendant shall be sentenced to 10 months of imprisonment with prison labor for the crime No. 1-A and B in the judgment of the court.

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the first instance court, the Defendant did not have been involved in the part that acquired money from the victim E or H for the purpose of employment mediation. 2) On the second judgment of the second instance, the Defendant merely borrowed money from the victim S through T to KRW 30 million, and there was no fact that the Defendant acquired money from the above victim under the pretext of employment mediation.

B. Each sentence (No. 1: imprisonment with prison labor for 1 year and 10 months, and 2 years, and one year, respectively) on which the original decision made by the original court against the defendant is unfair and unfair.

2. Determination

A. An ex officio decision (as to the portion of the first-class multi-crime and the second-class judgment of the court below in the judgment of the court below), the defendant filed an appeal against the judgment of the court below, and each of the facts constituting the first-class multi-crimes and the second-class crimes in the judgment of the court of first-class are concurrent crimes as provided in the former part of Article 37 of the Criminal Act, the judgment of the court of first-class multi-crimes and the second-class sentence should be rendered at the same time. In this respect, the part of the first-class multi-crimes and the second-class judgment of the court of

Nevertheless, since the defendant's assertion of mistake of facts about the portion of the first-class and second-class judgment of the judgment of the court of first instance is still subject to the judgment of the court of first-class, we will examine the remaining argument of mistake of facts.

B. 1) Determination of the Defendant’s assertion of mistake of facts

arrow