(영문) 전주지방법원 2013.05.10 2013노191 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

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자간(%)

(영문) 전주지방법원 2013.05.10 2013노191

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the Defendant received KRW 40,000,000 from the victim on October 18, 2010, the lower court accepted this part of the facts charged and convicted the Defendant. In so doing, the lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant argued the same as the reasons for appeal in this case, and the court below rejected the above argument in detail under the title "the judgment on the defendant and his defense counsel's assertion" in the reasons for the judgment. In light of the records and closely reviewed the judgment of the court below, the judgment of the court below is justified.

On October 18, 2010, the defendant himself proposed his father's proposal and together with his family at the latest time and at the place specified in this part of the facts charged. However, even if the defendant was found to have dispatched his intention on October 18, 2010, the defendant was early withdrawn on the same day, in light of the fact that the defendant left his office, the distance between the defendant company and the Jung-Eup, and the customs of the Republic of Korea where the defendant was late at night, the defendant cannot reverse the fact that the defendant was only the victim at the time and place specified in this part of the facts charged, and the defendant's defense is not accepted.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and it cannot be said that there is an error of mistake of facts as pointed out by the defendant.

B. Although there is no record of judgment on the argument of unfair sentencing, the defendant has been punished as a same crime, it is reasonable to acquire the defendant by fraud.

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