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(영문) 인천지방법원 2020.04.03 2019노4002
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant was found to have received KRW 20 million from B, the defendant merely received the deposit and the first sale of the main machine to which he sublet the defendant's factory and the second floor office part of the defendant's factory and the second floor office to B, and the defendant was not guilty of 200 million won by deceiving the victim who is a financial institution in collusion with B and C, but the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In determining the credibility of a confession in the court of first instance, it cannot be said that the probative value or credibility of the confession is doubtful solely on the grounds that the confession in the court of first instance differs from the testimony in the court of appeal. In determining the credibility of a confession, the credibility of the confession should be determined based on the following circumstances acknowledged by the evidence duly adopted and examined by the court of first instance (see Supreme Court Decision 2010Do2556, Apr. 29, 2010). In other words, the defendant led to the confession after examining the facts charged with the assistance of the private defense counsel in the court of first instance, and requested the continuation of the pleading to recover damage to victims and to reach an agreement. The defendant appears to have sufficiently known the meaning of the confession in the court, and the motive or reason behind the confession is in conflict with the confession among other evidence.

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