logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.08.31 2018노2254
사기등
Text

1. The part of the judgment of the court below against the defendant shall be reversed.

2. Crimes Nos. 1, 2, and 3 in the holding of the court below.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s misunderstanding of facts, Defendant 1 did not intend to obtain money from the injured party, since borrowing money from the injured party, not from the injured party, but the injured party’s dynamic AO. Thus, Defendant did not intend to obtain money from the injured party.

B) As to the facts charged No. 2 and No. 863 of the 2015 High Order No. 7466 of the 2015 High Order No. 863, each of the above crimes was committed by Co-Defendant B, and the Defendant did not conspired with the above crimes.

C) In relation to the facts charged No. 863 of the 2015 Highest 863 charges, the Defendant did not have any fact of joining or changing a mobile phone in the name of T without permission, and the Defendant did not defraud the borrowed money from the damaged person without the intention or ability to repay.

D) Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the court below to the defendant (the sentence No. 1, No. 2, and No. 3 in the decision of the court below: Imprisonment with prison labor for one year and six months, No. 4 in the decision of the court below, and No. 5 in the case of the crime of imprisonment for

B. Prosecutor 1) The lower court acquitted the Defendant of this part of the facts charged, even though it fully recognizes the credibility of the victim’s statement, the Defendant’s intent to defraud, etc., with respect to each crime of fraud against the victim E among the 746 senior 2015 senior 746 senior misunderstanding the facts, is erroneous in the misapprehension of

2) The above sentence committed by the lower court against the Defendant is too uneased and unfair.

2. Determination

A. In the lower court’s determination on the Defendant’s assertion of mistake of facts, the Defendant asserted the same as the grounds for appeal in this part, and the lower court rejected all the above assertion by providing a detailed statement of its assertion and judgment in the item “a judgment on the Defendant A and his defense counsel

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just, and the defendant in the trial.

arrow