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(영문) 대전지방법원 2017.07.06 2016노2163
사기
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance against Defendant A shall be reversed, respectively.

Defendant

A shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. From the judgment of the court below of the second instance that found Defendant A1 guilty of the fraud against the victim N (the second instance judgment of the second instance court of the second instance of the second instance of the second instance of the second instance) (the first instance court of the second instance of the second instance of the judgment), Defendant A appealed the judgment of the court below that found Defendant A guilty of his/her sole crime on the ground that the sentencing was unfair, and the fraud against the victim N was committed jointly with Defendant G, and each of the remaining victims was prosecuted for the sole crime of Defendant A, but the second instance judgment that found Defendant A as the sole crime of the second instance of the former crime. In addition to the fraud against the non-victim N, each of the crimes of the first and second instance judgment of the second instance judgment of the second instance of the second instance of the second instance on the ground that Defendant G was guilty of the fact that each of the crimes was committed jointly with Defendant G under the initiative of the second instance court of the second instance of the second instance, but the specific grounds for appeal in light of the contents of the appeal in detail, it asserted that Defendant G and the joint crime against Defendant G.

B. The judgment of the court below in light of the evidence duly adopted and examined by the court below and the court below and circumstances described in paragraphs (3) and (3) above, even if the grounds for appeal against the judgment of the court below against the defendant A Nos. 1 and 2 were to be asserted as a mistake of facts on the ground that all the crimes in the judgment of the court below as to the defendant Nos. 1 and 2 were jointly committed with the defendant G, the judgment of the court below is just, and there is no

The instant case is a joint Defendant G and AH principal offender, and Defendant A was “B representative director,” which was used for the instant crime by G, etc. (hereinafter “C”), and is merely an accomplice. In such a case, the lower court determined that Defendant A was a single criminal act by misunderstanding the facts, and sentenced Defendant A not guilty of G.

2) The sentence against Defendant A (the first instance judgment: imprisonment with prison labor for one year, and the second instance judgment: imprisonment with prison labor for three years) of the lower court is too unreasonable.

(b).

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