logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.11.22 2018노5750
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles, and improper sentencing)

A. misunderstanding the facts and misapprehension of the legal principles, the Defendant concluded a consulting service contract with the victims and received 50,000 won as a down payment equivalent to 10% of the service cost, and did not obtain the above money from the public officials as a part of the street funds for public officials.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence (10 months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. 1) The Defendant alleged to the same purport in the lower court’s determination as to the assertion of misunderstanding of facts and misapprehension of the legal doctrine. In full view of the following circumstances, the lower court can sufficiently recognize the instant facts charged.

The above argument was rejected.

A) In the court of the court below, the victim C expressed that “When the defendant met on February 2, 2016, it would be possible for the defendant to go to the general room if he was aware of the decentralization in the Korea Forest Service and became aware of the decentralization.”

” 는 취지로 진술하였고, 피해자 B은 원심 법정에서 “ 피고인이 전화로 ‘ 내 돈으로 경비를 들여서 담당공무원하고 얘기를 다 해 놨는데 미적거리면 어떻게 하냐,

It was soon prepared for money within 40 days because it could receive fire.

“The statement was made to the effect that it was “.”

In addition, the defendant was introduced to the victim B.

G also ruled in the court of the court below that "the defendant will talk on the upper line".

There are little words from the Defendant that the phrase “it may have been done in fluencing off the street.”

“A statement was made to the effect that the victim B was introduced to the victim B through G.

Hdo Prosecution’s “after several times, the Defendant is the Korea Forest Service.”

arrow