(영문) 광주지방법원 2018.05.02 2018노855 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.05.02 2018노855

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The court below found the Defendant not guilty of frauds listed in the annexed list Nos. 1 through 3, 6, 8, 10 through 12, 14, and 18 among the facts charged in the instant case, and sentenced the Defendant not guilty of frauds listed in the annexed list Nos. 4, 7, 15, and 17 among the facts charged in the instant case, and the prosecutor filed an appeal against the guilty portion among the judgment below, and the Defendant filed an appeal against the guilty portion among the judgment below.

Therefore, the decision of the court below that acquitted was separated and finalized as it is.

Therefore, the scope of this Court's judgment shall be limited to the conviction and acquittal except the acquittal part of the judgment below.

2. Summary of reasons for appeal;

A. Defendant 1) In the lower judgment of the lower court, the guilty portion of the lower judgment of misunderstanding of the facts and misapprehension of the legal doctrine (attached Table 5, 9, 13, 2013, 3224, 203, 2013, 2013, 3224, among the facts charged in the instant case) is erroneous for misapprehending the legal doctrine on mistake of facts and fraud.

2) The sentence of the lower court (one hundred months of imprisonment) which is unfair in sentencing is too unreasonable.

B. Prosecutor 1) In the lower judgment of the lower court, there were errors in matters of misunderstanding of the legal doctrine that did not recognize the admissibility of the victims’ self-statements as evidence and misunderstanding of the fact that the Defendant did not recognize the criminal intent by deception.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

3. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s determination that found the Defendant guilty of this part of the facts charged is justifiable. Therefore, the Defendant’s assertion of mistake is without merit.

1) The victims are operated by the defendant.

D Trusting the financial resources of the limited corporation and borrowing money to the defendant.

In this regard, the above company began to deteriorate its financial status from the beginning of 2009, and around February 2010.

유사 판례

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