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(영문) 인천지방법원 2020.09.10 2020노1309
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants A (the misunderstanding of facts and unfair sentencing) and A of misunderstanding of facts did not know that Defendant B had known Defendant B, at the time of the instant case, to misrepresent himself with the F lawyer, and there was no mistake by deceiving the victim E.

B) The sentence imposed by the lower court on Defendant A (one year and six months of imprisonment, three years of suspended execution, three years of community service order, 120 hours of community service order) is too unreasonable. 2) The sentence imposed by the lower court on Defendant B (unjustifiable punishment) on Defendant B (two years and four months of imprisonment) is too unreasonable.

B. The sentence imposed by the court below on the Defendants is too uneased and unfair.

2. According to the evidence duly adopted and examined by the court below regarding Defendant A’s assertion of mistake of facts, even though Defendant A did not have custody of KRW 200 million in the Financial Supervisory Service, he could recognize the fact that Defendant A made a direct statement to the victim E as if he had been kept in custody in the Financial Supervisory Service. Even if Defendant B did not know that Defendant B, who contacted Defendant A had no knowledge of misrepresentation of F lawyer, as above, Defendant A directly made a false statement to the victim E, and once Defendant B received money from Defendant E from the victim E who believed the above fact with the account under the name of Defendant B, it is reasonable to view that Defendant A acquired money from the victim E by sharing the act of deception with the victim E, so the judgment of the court below convicting Defendant A of the fact of fraud is just, and contrary to the judgment of the court below, it does not seem that there was an error of mistake of mistake of facts,

Therefore, Defendant A’s assertion of mistake is without merit.

3. Defendant A has no record of criminal punishment, and Defendant B has no record of criminal punishment exceeding the same kind of crime or fine, and Defendant B has committed the instant crime.

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