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(영문) 대전지방법원 2019.07.11 2018노3832
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: Compared to the mistake of facts and misunderstanding of facts, the lower court found the Defendant guilty on the charge of the willful negligence of the crime of fraud. However, the Defendant’s act was merely an illegal act, and such an illegal act includes both civil and administrative punishment. The Defendant cannot be deemed to have committed an act by recognizing that his act was a criminal punishment, and rather, the Defendant is merely an act by a mere non-experience guide or negligence. Therefore, the lower court’s judgment convicting the Defendant on the ground that the Defendant had an intentional intent. 2) In so doing, the lower court erred by misapprehending of facts on the ground that the Defendant’s act was recognized. 8 months of imprisonment and two years of suspended execution, which the lower court sentenced to the summary of the allegation of unfair sentencing, are too unreasonable.

B. Prosecutor: The sentence imposed by the lower court (eight months of imprisonment, two years of suspended execution) is too uneased and unreasonable.

2. Determination

A. In full view of each of the facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court’s determination on the Defendant’s assertion of misunderstanding of facts, the Defendant may be found to have conspired with the name in the telephone financial fraud organization in collusion with the victim B on the basis of the willful negligence at least 8,00,000 won, which was remitted from the victim and acquired by deception.

Therefore, the judgment of the court below is just, and there is no error of law as alleged by the defendant.

B. The sentencing of the Defendant and the prosecutor on the assertion of unfair sentencing is based on the statutory penalty, based on a discretionary judgment that takes into account the conditions for sentencing under Article 51 of the Criminal Act within a reasonable and reasonable scope, and takes the principle of trial-oriented and directness.

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