(영문) 대구지방법원 2019.03.27 2018노3126 | 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) 대구지방법원 2019.03.27 2018노3126

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Determination on the grounds for appeal by Defendant C and D

A. The summary of the grounds for appeal 1) On September 30, 2015, the fraudulent act committed on September 30, 2015 was committed independently by A, B, and F, and the judgment of the court below which convicted Defendant C, D, B, and F, even though there was no conspiracy to commit the above fraudulent act, was erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B) The crime of fraud committed on October 7, 2015 was committed independently by A and F, and even though Defendant D had not conspiredd with A, F, it was erroneous in the judgment of the court below that found the guilty guilty, which affected the conclusion of the judgment, by misunderstanding the facts. 2) The court below’s decision on the ground of unfair sentencing (Defendant C: one year and four months of imprisonment, three years of suspended execution, and three years of suspended execution of one year and six months of imprisonment) is too unreasonable.

B. Determination 1) On September 30, 2015, the Defendants alleged the same purport as the grounds for appeal in this part of the judgment below.

The lower court acknowledged that the Defendants conspired to commit fraud on the basis of the following: (a) the Defendants were aware that the Defendants had F had the Defendants engage in sexual traffic before going through the instant deception; (b) the Defendants, in light of the waiting process outside the telecom, and the process of special intimidation by entering the telecom, it is difficult to believe that the Defendants did not know of F’s sexual traffic; and (c) the Defendants and the Defendants made a statement that the Defendants agreed to enter the telecom in advance.

Examining the evidence duly adopted and examined by the court below, the above determination by the court below is just and there is no error of mistake of facts as alleged by the defendants.

B. On October 7, 2015, Defendant D also asserted the same purport as the grounds for appeal in this part of the judgment below.

The lower court, on October 7, 2015, at the place where Defendant D was on October 7, 2015 at the expiration of the condition.

유사 판례

-대구지방법원 2019.03.27 2018노3126

-서울중앙지방법원 2014.01.22 2013노2237

-전주지방법원 2013.11.22 2012노963

-광주지방법원 2014.09.12 2014노1854

-수원고등법원 2019.12.18 2019노521