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(영문) 춘천지방법원 강릉지원 2017.08.31 2017노240
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The photographing of a Track as shown in the facts charged is not the defendant but C, and the defendant sells a Track to the victim according to C's instructions.

In addition, the profits acquired from the crime are also distributed to C, etc., leading the crime of this case is C.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Comprehensively taking account of the following facts or circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, it is recognized that the Defendant, not C, led the victim as the facts charged, thereby deceiving the victim to commit the crime of fraud.

Therefore, the judgment of the court below is just, and the defendant's assertion of mistake is not accepted.

① In the course of the investigation by the police and the prosecution, the Defendant consistently asked questions asked by police officers or prosecutors about whether or not he/she has conspired to commit a crime Category C, and only the Defendant planned and executed a crime. The lower court also stated to the same effect.

The Defendant conspiredd with C to commit a crime only when he was in the first instance.

Although the statement has been reversed, it cannot be found that there is no sufficient reason to reverse the statement.

In addition, even if there is a conspiracy to commit one crime with C, it is difficult to understand the reason for hiding the conspiracy with C in the process of investigation and the original trial.

Therefore, it is not easy to readily deny the credibility of the defendant's statement in the investigation process and the original trial on the grounds of the reversal of the defendant's statement at the trial court.

② In light of the text message (Evidence No. 53 pages) sent and received by the Defendant and C (Evidence No. 53) after the instant case was rejected, C is prohibited from communicating with A as soon as possible.

Non-mechanic도요 of liquor tax;

I Written Request for Closing

Unless otherwise, the author does not hold the funeral for agricultural machinery.

“........ the Defendant made a complaint against the President......

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