(영문) 대전지방법원 2019.08.22 2018노3460 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2019.08.22 2018노3460

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not deceiving the victim as stated in the facts charged.

B) Even if the Defendant deceptions the victim, the victim does not pay tuition fees (the assertion that the amount obtained by deception was not specified because the causal relation is not recognized). C) Even if there was no deception by the Defendant, the victims paid tuition fees according to the unit price table of the Co., Ltd. E (hereinafter “E”), at least to the Defendant. However, the Defendant did not receive money exceeding the amount calculated in accordance with the above unit price table, so there was no money acquired by the Defendant.

2) Although there is no causation between the deception of the Defendant without reason and the grant of tuition fees for the victim, and the Defendant did not receive money exceeding the amount calculated in accordance with the E unit price table and the Defendant did not recognize the money obtained by deception, the lower court’s failure to determine the Defendant’s assertion was erroneous in the reasoning. B. The lower court’s punishment (a year of imprisonment with labor) is unreasonable as it is too unfortunate.

2. Determination

A. 1) In examining the Defendant’s assertion of mistake of facts in light of the relevant legal principles and the principle of court-oriented trials, etc., when comprehensively considering the results of the first instance court’s examination and the results of further examination of evidence conducted by the time the argument is concluded, the appellate court should not reverse without permission the first instance court’s decision on the credibility of the statement made by the witness in the first instance unless there are exceptional cases where it is deemed that maintaining the first instance court’s decision on the credibility of the statement made by the witness in the first instance is significantly unfair (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010) (see, e.g., Supreme Court Decision 2009Do1409, Feb. 25,

참조판례

-대법원 2010. 2. 25. 선고 2009도14409 판결

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