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(영문) 서울고등법원 2018.02.01 2017노2593
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below (including the portion not guilty) shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not commit the same crime as the criminal facts stated in the judgment below, by misunderstanding of facts or committing a violation of the rules of evidence.

The specific grounds are as follows:

Nevertheless, the court below found guilty of the above facts of crime, and there is an error of law by misunderstanding facts or by violating the rules of evidence, which affected the conclusion of the judgment.

A) A self-denunciation work entrusted to an external company cannot be carried out in the internal self-denunciation of the E Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) for convenience; I is prohibited from customs clearance of future products; and the Defendant did not prepare a modified watch.

B) The reason why the Defendant sent the e-mail of the crime of death is that the Defendant and Q sent h h h h h h h, and 10,000 dollars in advance at the request of I at the end of 2011.

C) The I’s statement, etc., which is a direct evidence of the Defendant’s criminal facts, is not reliable, there is no other direct evidence, and there is no evidence that the Defendant demanded the correction of the official seal.

2) The punishment sentenced by the lower court (three years and six months of imprisonment) to the Defendant is too unreasonable.

B. In full view of the evidence submitted by the Prosecutor 1), the entire facts charged in the instant case are found guilty.

Nevertheless, the court below acquitted some of the facts charged, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Judgment on the grounds for appeal

A. As to the Defendant’s assertion of violation of the rules of evidence, the Defendant argued to the same effect as the grounds for appeal under this part of the judgment below.

In regard to this, the lower court: ① the organization of the victim company and the status of the defendant; ② the production method of mother and child; ③ the entrustment of this case and payment thereof; ④ the victim.

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