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(영문) 인천지방법원 2014.06.25 2014노1180
사기등
Text

The judgment below

Among them, the part on the first crime and the part on the defendant B in the judgment of the court below against the defendant A shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) The misunderstanding of facts about the first crime (the fraud related to the deep chips) as indicated in the judgment of the court below was conducted by introducing the instant crime to L, M, etc., but did not instruct them to commit the instant crime or did not lead them to commit the crime.

(2) The money received from the victim of mistake of facts regarding the third crime (T's fraud) as stated in the judgment of the court below is merely a security deposit in preparation for the occurrence of an accident while conducting a joint business, and did not belong to the victim.

(3) The instant vehicle is owned by the said Defendant, since the victim of misunderstanding of facts as to the fourth crime (thief) in the judgment of the court below paid the vehicle price to the vehicle seller on the side of the vehicle seller, but the payment was made by the Defendant A to pay the 16 million won amount to be received from the victim.

(4) The lower court’s sentence of unreasonable sentencing on the first crime as indicated in the lower judgment is too unreasonable.

B. Each punishment against Defendant B, D, Defendant B, and D by the lower court is too unreasonable.

2. Judgment on Defendant A

A. Unless there are extenuating circumstances to deem that the first instance judgment on the credibility of a statement made by a witness of the first instance was clearly erroneous in light of the spirit of substantial direct examination adopted by the Korean Criminal Procedure Act, or in light of the results of the first instance examination and the results of further examination of evidence conducted by the time the closing of argument in the appellate trial, maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is clearly unfair, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance court.

(2) The lower court directly examined L, M, etc. and found the Defendant guilty of this part of the facts charged, by recognizing the credibility of each of the following testimony. The lower court determined the credibility of each of the above testimony.

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