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(영문) 광주지방법원 2014.04.02 2013노2763
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The sentence of the lower court (three years of suspended execution in one year and six months of imprisonment, and probation) is too unreasonable.

The court below erred by misapprehending the legal principles or misconceptions of facts, although it is sufficient to recognize the facts charged against D and E, based on the legitimate evidence shown in the prosecutor’s mistake or misapprehension of the legal principles.

The sentence of the lower court on the assertion of unreasonable sentencing is too uneasible and unreasonable.

Judgment

The court below found the defendant not guilty of the above facts charged on the ground that the defendant's statement of the above D and the defendant's Z are insufficient to recognize that the defendant had induced D by ordering the Z because the defendant's statement of the above D are insufficient to recognize that the defendant had inducedd D by ordering the execution of the floor in light of the fact that the defendant's statement of the above D and the Z are in the same business relationship.

The judgment below

In light of the records, the above judgment of the court below is just and there is no error by misapprehending facts or by misapprehending the legal principles.

Therefore, this part of the prosecutor's argument is without merit.

The court below's finding fraud against E, on the ground that there is no evidence to acknowledge that the defendant deceptioned the victim E, in light of the following: (i) the person who asked the victim E to supply stone was not the defendant, but the defendant was not involved in the construction of the stone; and (ii) the person who was responsible for the construction of the stone to AB by AB, unlike the defendant's intention, was merely a part of the building stones.

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