(영문) 대구지방법원 2018.01.19 2017노3408 | 리걸엔진

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Reasons

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(영문) 대구지방법원 2018.01.19 2017노3408

사기

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B 1) The Defendant, who misleads the victim H of the facts, did not receive cash 2 to 5, 8, 9, 12, 13, and 18 of the daily list of crimes attached to the judgment of the court below (hereinafter referred to as “crime list 1”), from the victim H, in which the Defendant received cash 2 to 5, 8, 9, 12, 13, and 15 of the crime list as stated in the above crime list 14, and 15 of the victim’s list of crimes, to pay the victim’s debt to AO

shall not be deemed to exist.

2) The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

B. Defendant A1) In fact, the Defendant did not intend to commit a crime as stated in the facts charged in the instant case with B and the Defendant did not know the fact that B, by deceiving the victims, acquired money, and there was only a fact that there was an interview between the victims for the purpose of soliciting the purchase of insurance or concluding the insurance contract.

2) The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

(c)

Each sentence sentenced by the court below to the defendants is too uneasible and unfair.

2. Determination

A. In full view of the following circumstances acknowledged based on the evidence duly adopted and investigated by the lower court and the first instance court, Defendant B’s assertion of misunderstanding the facts, it is sufficiently recognized that the Defendant acquired money by cash or account with the victim H as stated in the facts charged.

① The victim, in the investigative agency, the lower court, and the lower court, on the details of cash payment of each of the 1sts of crime sights, “The cash payment made to the Defendant was made by the victim by cancelling an insurance contract or lending it to the lending company or the branch, and the amount raised by lending from the branch to the lender was a loan certificate made by the lender, and the amount paid by the victim was specified as the family register, etc.

The source, name, specific method, etc. of cash paid to the defendant, such as making a statement, was specifically stated.

(2)

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