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(영문) 대구지방법원 2020.11.25 2020노1668
사기등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles (as to the case of 2019 Highest2730), Defendant A is only referred to as “victim” in paragraphs (1) and (2).

As seen above, Defendant B’s promise to engage in self-financial services is believed, and there was no deception or conspiracy with Defendant B. Nevertheless, the lower court’s judgment convicting Defendant A of this part of the facts charged is erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) The lower court’s imprisonment (two years and six months of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles merely remitted KRW 250 million in the name of the victim under the victim’s name as the repayment of Defendant B’s claim against Defendant A, and did not conclude that Defendant A and the victim would provide financing if they repaid KRW 250 million in the presence of Defendant A and the victim, and did not deceive the victim in collusion with Defendant A. Nevertheless, the lower court’s judgment convicting Defendant B of the facts charged against Defendant B is erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) The lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Defendant A(1) of the lower court’s judgment based on the same assertion as the grounds for appeal in this part of this part at the lower court, and the lower court rejected the Defendant A’s assertion and its decision under the title “decision on the Defendant’s and his defense counsel’s assertion” not more than nine pages of the judgment. 2) On the grounds that the lower court duly admitted and investigated by the evidence, the lower court’s judgment based on the evidence duly admitted and investigated by the lower court, and the following circumstances are added, it can be acknowledged that Defendant A conspired with the Defendant B, as indicated in the facts charged, and acquired KRW 250 million from the victim.

Therefore, the judgment of the court below which found Defendant guilty of this part of the facts charged is just, and it is erroneous and erroneous as alleged by Defendant A.

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