(영문) 대전지방법원 2013.12.05 2013노1009 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전지방법원 2013.12.05 2013노1009

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

Summary of Grounds for Appeal

Defendant

The criminal defendant against misunderstanding the facts against D is not a 1.2 million won per month from the victim D at the time of deposit of each of the accounts of this case, but a 3.0 million won per month, and the remaining 9 million won was paid by the defendant under the interest of the defendant's loan to the victim. As such, a total of 10.8 million won (=9 million won x 12 times) is not the amount acquired by the defendant, but the court below convicted the defendant of the whole amount stated in this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the fact that the defendant was guilty.

Although the Defendant, at the time of the instant case, did not receive a total of 6 million won from the Victim G more than five times, the lower court convicted the Defendant of this part of the facts charged, which erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

In relation to this part of the facts charged against the victim H, although the actual amount of damage of the victim H is not more than 6 million won, the judgment of the court below which convicted the defendant of this part of the whole facts charged, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

According to the evidence submitted by the fraudulent prosecutor against the victim G of mistake of facts, the court below acquitted the defendant as to this part of the charges, despite the fact that the defendant misleads the victim G, and received a total of KRW 1.6 million from February 20, 201 to July 20, 201, a total of KRW 1.6 million as the installment savings, and the fact that the defendant exempted the victim from the duty to pay the total of KRW 8.4 million from July 25, 2011 to January 2012. However, the court below acquitted the defendant as to this part of the charges, which affected the conclusion of the judgment.

The evidence submitted by the fraud prosecutor against the victim H is examined.

유사 판례

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