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(영문) 의정부지방법원 2020.02.13 2019노1236
횡령등
Text

The judgment below

The guilty portion (excluding the rejection part of an application for compensation order) shall be reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

1. The judgment below rejected the application for compensation order B by the applicant for compensation.

The applicant cannot file an objection against the judgment dismissing the application for compensation (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the rejection portion shall be excluded from the scope of the adjudication of this court.

2. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles: Defendant 2018 Highest 2529 did not borrow money from Q. If it is acknowledged that the Defendant borrowed money from Q, the Defendant had an intention or ability to pay the money. Therefore, the lower court’s judgment convicting Q of fraud is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) The sentence of imprisonment (two years of imprisonment) sentenced by the lower court is excessively unreasonable.

B. Prosecutor 1) misunderstanding of facts: 2018 Highest 2898 Highest 2018 Highest 2018 Highest 2898 (hereinafter referred to as “victim B”) borrowed money, not investment money, and the Defendant did not have the intent or ability to pay the said money. If the Defendant was aware that he would use the said money in the repayment of personal debt, etc., the Defendant would not deliver money to the Defendant. Accordingly, the lower court rejected the credibility of the Defendant’s statement, and acquitted the Defendant. 2) In so doing, the lower court’

3. According to the records of this case’s judgment ex officio, on August 23, 2018, the Defendant lodged an appeal after having been sentenced to imprisonment for two years for a violation of the Fraudulent and Illegal Check Control Act with respect to a senior district court’s senior support on the ground that he/she was sentenced to imprisonment with labor for a violation of the Fraudulent and Illegal Check Control Act. On April 9, 2019, the Defendant rendered a judgment dismissing an appeal at a district court’s appellate court on April 9, 2019, and again, recognized the

As above, each of the crimes in the judgment of the court below against the defendant, which became final and conclusive, is in a concurrent crime under the latter part of Article 37 of the Criminal Act, and it is the case where the judgment is rendered simultaneously with the

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