(영문) 청주지방법원 2016.01.14 2015노912 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 청주지방법원 2016.01.14 2015노912

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding Defendant’s KRW 150 million, excluding KRW 30 million, paid by the injured party, was paid or received as a gift, on credit, such as drinking value, etc., and thus, criminal fraud is not established as to this part.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts was clearly erroneous in the first instance judgment on the credibility of the statement made by a witness of the first instance trial in light of the content of the first instance judgment and the evidence duly examined in the first instance trial.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted not later than the closing of oral pleadings, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (Supreme Court Decision 2010Do3846 Decided June 24, 2010). The Defendant also asserted the same fact in the lower court. The lower court rejected the credibility of the statement made by the Defendant, and found the Defendant guilty of the facts constituting a crime in the lower judgment by clarifying in detail the circumstances to recognize the credibility of the statement made by the victim.

3) In light of the above legal principles, the court below’s aforementioned determination is acceptable in light of the following circumstances and the evidence duly adopted and examined by the court below, and there is no error of law by mistake of facts as alleged by the defendant.

This part of the defendant's assertion is without merit.

(1) The defendant shall be 25.9 million won against the victim on December 2, 2013.

참조판례

-대법원 2010. 6. 24. 선고 2010도3846 판결

유사 판례

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