logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.05.15 2013노3928
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the victim I, J, and K as 20 million won, not 30 million won, and found the remainder of each part not guilty. However, according to the letter of offer, receipt, and letter of promise of payment, the fact that each fraud amount is 30 million won can be fully recognized. Thus, the court below found the defendant not guilty of this part of the facts charged on a different premise, and erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentencing (two years of suspension of execution in August, and eight hours of community service order) is too uneasible and unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the court below found the Defendants not guilty of this part of the facts charged on the ground that there is a lack of reasonable doubt as to the fact that the money acquired by the Defendants from the above victims is not 20 million won, but 30 million won, respectively, and that there is a lack of conviction.

In light of the records, a thorough examination of the evidence of this case is justified to determine that the court below was not guilty of this part of the facts charged based on the fact finding and judgment as above.

In addition to the above circumstances, the witnessO (the husband of the victim J) added in the trial court stated that "the defendant was given KRW 20 million as a check, and the receipt was known to have been received KRW 30 million. The wife (victimJ) so talks." (The witnessO's statement in the second trial records of the trial of the court below) and considering all the circumstances alleged by the prosecutor as the reasons for appeal, it cannot be deemed that there was an error of misconception of the facts as pointed out by the prosecutor in the judgment of the court below. Thus, the prosecutor's allegation in this part is rejected.

arrow