(영문) 인천지방법원 2016.10.27 2016노189 | 리걸엔진

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(영문) 인천지방법원 2016.10.27 2016노189

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. During discussions about the dispute resolution committee, the Jinsung Food Co., Ltd. and the defendant's selection of the removal company, which purchased a factory in the voice group E of the Damo-gu in misunderstanding of facts from D, it was not in compliance with the promise with the victim's right to remove the factory to another person than the defendant, unlike the initial promise, and it did not intend to acquire the money from the victim from the beginning.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor applied for amendments to the indictment with the purport that "the prosecutor shall receive 9 million won or more" in the end of the facts charged at the trial of the party, and the prosecutor shall receive 9,400,000 won or more, and since the subject of the judgment was changed by this court's permission, the judgment of the court below is no longer maintained.

However, the defendant's assertion of mistake of facts is still included in the subject of this court's trial.

B. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the assertion of mistake, the defendant can sufficiently recognize the fact that the defendant, although he did not have been entrusted with the removal of the factory from D or Jinsung Food, by deceiving the victim and deceiving 9.4 million won. Thus, this part of the defendant's assertion is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

【Grounds for the Judgment of the Supreme Court】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence.

참조조문

-형사소송법 제364조 제2항

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