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(영문) 수원지방법원 2019.06.05 2018노7843
사기
Text

Of the judgment below, each part of the defendant's case against defendant A and defendant F shall be reversed.

Defendant

A shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Regarding the facts of the crime in the first instance judgment of mistake of facts, and the second lower judgment, Defendant A did not have conspired to commit a fraudulent act with the content of false sale of the second instance judgment of 2018 high-end 1784, and Defendant A cannot be deemed a joint principal offender of each of the facts of the crime of the instant case, since he did not fully know the content of each of the crimes of the instant case. 2) The punishment sentenced by the lower court of unfair sentencing (the first instance judgment: imprisonment of 1 year and 2 months, and 4 months: imprisonment of 4 months) is too unreasonable.

B. Defendant F1) With respect to the remaining criminal facts except for the Defendant’s sole criminal conduct in the judgment of the second judgment of misunderstanding of facts, Defendant F did not have conspired with Z et al. to acquire money by means of false remarks against many and unspecified persons, and Defendant F cannot be deemed a joint principal offender of each of the criminal facts of this case, since the Z did not know whether the Z is committing deception, Defendant F cannot be deemed a joint principal offender of each of the criminal facts of this case.

C. The punishment sentenced by the Prosecutor to Defendant F (four months of imprisonment) and that sentenced to Defendant M (two months of imprisonment) is too uneasy and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, each appeal case against the judgment below was consolidated. Each of the offenses committed by Defendant A and Defendant F as stated in the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed on Defendant A and Defendant F pursuant to Article 38(1) of the Criminal Act. As such, among the judgment of the court below, each of the offenses against Defendant A and Defendant F cannot be maintained as it is.

However, despite the above reasons for ex officio reversal, the argument of mistake of facts between Defendant A and Defendant F, and the prosecutor’s argument of unreasonable sentencing on Defendant M is still subject to the party decision.

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