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(영문) 수원지방법원 2017.02.10 2015노5828
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. As to the facts of the crime No. 1 of the judgment of the court below in the first instance judgment, the defendant had an intent and ability to conduct the business of selling fuel additives by purchasing factories and charging machinery, etc. in Indonesia, and even though he had not induced the victim M with regard to the actual condition of the promotion of the business, the court below found the defendant guilty of this part of the facts charged. The court below erred by misapprehending the legal principles and misapprehending the

2) As to the facts constituting the crime of Paragraph 2 of the judgment of the first instance court, the judgment below convicting the Defendant of this part of the facts charged is erroneous in the misapprehension of legal principles and misconception of facts, even though the business of purchasing fuel additives from the L of the L of the L of the L of the L of the L of the L of the L of the L of the L of the L of the L.

3) As to the facts charged in the second instance judgment, the Defendant concluded a letter of understanding with “I”, a local public transportation company in Indonesia, and clearly notified the victim of the above facts. Although the Defendant did not deceive the victim G, the lower court found the Defendant guilty of this part of the facts charged, it erred by misapprehending the legal doctrine and misunderstanding the facts.

B. The sentence sentenced by the lower court (the first instance court: 2 years of imprisonment, and the second instance court: 1 year and 6 months of imprisonment) is too unreasonable.

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

The trial decided to consolidate each appeal case against the judgment of the court below.

However, since each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, if concurrent crimes are judged at the same time, one of these crimes must be sentenced in accordance with Article 38 of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for reversal ex officio, the defendant's mistake and misapprehension of legal principles still present.

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