(영문) 서울고등법원 2018.05.18 2017노3322 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.05.18 2017노3322

사기등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

(2).

Reasons

1. Summary of grounds for appeal;

A. Defendant B 1’s misunderstanding of the facts and misapprehension of the legal principles as indicated in the instant facts charged, Defendant B attempted to supply the instant project to the N (hereinafter “M branch”) ordered by the instant social welfare foundation I (hereinafter “victim”) operated by the victim K (name L L, hereinafter “victim”) prior to the Korea Rural Community Corporation (hereinafter “M branch”).

There is no fact that he/she has requested the defendant A to deliver money and valuables under the pretext of a solicitation for affairs handled by the public officials or deceiving the damaged persons.

In addition, in the court of the court below, the victim tried to hear the statement that he would help the delivery from the defendant B as above and deliver KRW 100 million to the defendant A. However, since the victim knew that he was not the horse of the defendant B after he delivered the defendant A, and stated to the effect that he lent KRW 100 million to the defendant A unlike the initial plan, there is no relationship between the defendant B's deception and the act of disposal by the victim.

Nevertheless, the judgment of the court below that recognized all the charges of fraud and defense violation against Defendant B is improper.

2) The punishment sentenced by the lower court to Defendant B (one year and six months of imprisonment) is too unreasonable.

B. The prosecutor (misunderstanding the facts against the Defendants) paid KRW 100 million to the Defendant A to the effect that the victim gave the victim 10 million to the Defendant, and the victim’s investigative agency’s statement that the Defendant A knew the above purport is reliable, and the victim’s and Defendant B’s statement in the lower court is not reliable.

Nevertheless, the judgment of the court below which acquitted Defendant A on the ground that Defendant A conspiredd to commit the instant crime with Defendant B and that the judgment of the court below is improper.

2. Defendant B’s assertion of mistake of facts and misapprehension of legal principles

유사 판례

-서울고등법원 2018.01.31 2017노2075

-광주지방법원 2017.02.02 2015노3590

-서울고등법원 2017.02.16 2016노2986

-광주지방법원 2015.02.04 2014노372

-대구고등법원 2016.05.03 2014노651