(영문) 부산지방법원 2012.12.27 2012노3084 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2012.12.27 2012노3084

사기

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts against the judgment below of the second instance is paid 30,000 won based on the basic drinking value in E danran tavern operated by the victim D, and the remaining drinking value is to be treated as credit and drinking alcohol. Therefore, there is no fact that the Defendant defrauded the above victim by deceiving him.

B. The lower court’s sentencing (the first instance judgment: the fine of KRW 500,00,000, and the second instance judgment: the fine of KRW 1.5 million) is too unreasonable.

2. Examination of the reasoning for appeal by the defendant ex officio is ex officio before determining the grounds for appeal.

This court decided to hold a joint hearing of each appeal case against the defendant among the judgment of the court of first instance and the judgment of the court of second instance. The crime of the judgment of the court of second instance and the crime of the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court of second instance should be concurrently sentenced to one punishment in accordance with Article 38(1) of the Criminal Act concerning the punishment of concurrent crimes, so the judgment of the court of second instance

3. Judgment on the defendant's assertion of misunderstanding of facts: Provided, however, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even though the above ground of

According to the evidence duly adopted and examined by the second instance trial, the victim D did not calculate the alcohol level from the main point of the victim's operation to the second instance court's trial. The victim consistently stated that there was no statement that the victim injured the defendant on credit, and that there was no statement that the victim injured the defendant on credit. The victim reported the defendant immediately to the police without paying the alcohol value to the defendant. If the victim was the victim on credit with the alcohol level to the defendant, the victim did not have any reason to report the defendant to the police, and the defendant was the same as the crime of this case.

참조조문

-형법 제38조 제1항

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