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(영문) 대구지방법원 2015.03.27 2014노3198
사기
Text

The judgment of the court below of first instance and the judgment of the court of third instance on each of the defendants A and B and the judgment of the court of second instance shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) 1) misunderstanding of facts and misunderstanding of legal principles by Defendant A (1) 3 / Defendant A did not have received KRW 6.4 million from the victim, and therefore, Article 3(1) of the judgment of the court below is prosecuted after the statute of limitations has lapsed and the judgment of acquittal should be rendered, and the court below found Defendant A guilty. The judgment of the court below erred by misapprehending the legal principles as to the statute of limitations, or by misapprehending the legal principles as to the statute of limitations.

(2) The punishment of the lower judgment on unreasonable sentencing (the first instance judgment: the imprisonment of October, the second instance judgment: the imprisonment of August, and the third instance judgment: the imprisonment of August: the imprisonment of six months) is too unreasonable.

B. The punishment of Defendant B (the first instance judgment: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 4 months and 4 months: imprisonment with prison labor for 4 months) is too unreasonable.

C. The punishment (eight months of imprisonment) of the lower judgment against Defendant X X 1 is too unreasonable.

(1) Although it is apparent that Defendant A, B, and X committed an offense under Article 1(1) of the judgment of the court below in collusion with Defendant A, B, and X, the court below acquitted Defendant U and Z. Thus, the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

(2) The punishment against Defendant A, B, and X in the judgment of the court of first instance and the judgment of the court of second instance on the unfair sentencing of the judgment of the court of second instance and that of the judgment of the court of second instance on the grounds that the punishment against Defendant A, B, and U is too un

2. Determination:

A. We examine ex officio the grounds for appeal by Defendant A and B, prosecutor’s grounds for appeal against Defendant A and B, and judgment of the court below by the second instance prior to determining the grounds for appeal against Defendant U.S.

A prosecutor shall pay a sum of KRW 738,194,30 over 624 times as stated in the list of crimes in the judgment of the court below in the second instance, and shall pay a sum of KRW 595,260,162 as an investment return and pay only the amount of KRW 69,376,80 as an investment return, and shall pay only the amount of KRW 73,557,338.

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