logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.09.29 2014노1067
사기
Text

All judgment of the court below shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In relation to the judgment of the lower court 1, the Defendant, on January 2010, received the right to operate and dispose of a branch of G Company I (hereinafter “I branch”) from the Foundation AC (hereinafter “J”) that operates the G which is a foundation that operates the original broadcast, and thus, there was sufficient intent or ability to transfer the management right of 50% of the I branch to H.

Therefore, the first instance judgment convicting of this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) In relation to the judgment of the court below of the second instance, the defendant did not receive loans from Q or deceiving Q without the intention or ability to repay.

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. Each sentence sentenced to the defendant by the first and second first instances of sentencing (the first instance court: imprisonment with prison labor for one year, the second instance court: imprisonment with prison labor for six months, the suspended sentence for two years) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

After the first and second court tried the defendant separately and rendered a judgment of conviction, the defendant filed an appeal respectively. This court decided to consolidate the above appeal cases.

However, each crime of the first and second judgment against the accused is a concurrent crime under the former part of Article 37 of the Criminal Act, and one sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act.

Therefore, each judgment of the court below against the defendant was no longer maintained in this respect.

On the other hand, even if there are grounds for ex officio reversal, the Defendant’s assertion of mistake or misunderstanding of the legal principles as to each of the judgment below is still subject to the judgment of this court, which will be examined below.

3. Defendant 1 as to the judgment of the court below of first instance.

arrow