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(영문) 대전지방법원 2019.06.27 2019노428
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The court below found that the part concerning KRW 9.12 million (related to No. 1 No. 9 in the judgment of the court below) and the part concerning KRW 10 million (related to No. 6 in the annexed Table No. 2 in the judgment of the court below) among the frauds against the victim U and the part concerning the frauds against the victim N were not guilty on the ground, and found the defendant guilty of each fraud against the above victims who have a relation to the crime.

Of the facts of fraud against U.S. of the lower judgment, the part not guilty in the above reasons was separated and finalized as the Defendant and the prosecutor did not appeal, thereby excluded from the scope of the judgment of this court

2. Summary of grounds for appeal;

A. The punishment of the court below (a year and six months of imprisonment) is too unreasonable.

B. According to the prosecutor's (misunderstanding of facts as to the acquittal part of reasons among the frauds against the victim N), according to the victim N investigation agency's statement, the defendant acquired 10 million won from the above victim.

3. Determination

A. The lower court determined that the part regarding the above KRW 10 million out of the fraud of the victim N was not guilty on the ground that it is difficult to readily conclude that the Defendant, based on the evidence presented by the prosecutor alone, acquired the loan amount of KRW 10 million from the victim N, and there is no other evidence to acknowledge it.

In light of the evidence duly adopted and examined by the court below and the court below, the circumstances stated by the court below are justified, and the judgment of the court below is also justified.

The circumstances alleged by the prosecutor in the grounds of appeal do not reach the extent that the reasonable doubt raised by the lower court is sufficiently resolved with respect to each of the facts charged in the instant case.

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

B. The sentencing on the Defendant’s assertion of unfair sentencing is based on the statutory penalty, and the sentencing conditions under Article 51 of the Criminal Act are equally attached.

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