logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.01.13 2016노2185
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the judgment of the court below of first instance, Defendant 1 did not deceiving the victim F and did not intend to commit the crime by deception as stated in the judgment of the court below.

2) Of the lower judgment of the first instance, the part on the charge of the 5250 criminal fact as indicated in the lower judgment is 1(O), 7(W), 8(Y), 9,10(U) Nos. 1(Y), 7(W), 8(Y), 9,10(U) No. 1

(M) In fact, the Defendant did not deceiving the victim’sO, W, or U, and ③ The amount of defraudation of the victim’s Y is KRW 30 million, not KRW 40 million.

3) The above punishment (the first judgment of the court below: imprisonment with prison labor for 3 years and 6 months, and the second judgment: imprisonment with prison labor for 10 months) declared by the court below is too unreasonable.

(b) the above sentence sentenced to the first instance judgment of the Prosecutor is too unfeasible and unjust;

2. Determination

A. Before determining the grounds for appeal by the defendant and prosecutor ex officio, the defendant filed an appeal against both the judgment of the court below Nos. 1 and 2, and the prosecutor filed an appeal against the judgment of the court below against the judgment of the court of first instance, and the court of first instance decided to concurrently examine the above two appeals. Since the facts constituting the above judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered simultaneously and a single sentence should be imposed, and the judgment of the court below cannot be maintained.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of mistake as to the facts of the judgment of the court of first instance is still subject to the judgment of the court of this Court.

B. (1) Of the judgment of the court below on the Defendant’s assertion of mistake of facts, the Defendant also asserted that this part of the facts constituting the crime was identical to the grounds for appeal, and denied this part of the facts charged. As to this, the court below, under the title “2015 Highest 15 Highest 1521 case,” stated in its judgment in detail that the judgment of the court below is “(7 pages of the judgment of the court below).”

arrow