(영문) 광주지방법원 2017.08.30 2017노2589 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 광주지방법원 2017.08.30 2017노2589

사기미수

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, or misunderstanding of the legal doctrine, the Defendant actually lent the victim C a sum of KRW 65 million, including KRW 30 million around July 2009 and KRW 35 million around July 2014.

Nevertheless, the lower court convicted the Defendant of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine on the determination of credibility of victim’s statement, thereby adversely affecting the conclusion of the judgment

2) The sentence of the lower court (No. 6 months of imprisonment, and No. 1 of confiscation) that was unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal on the part of the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine. However, the lower court rejected the aforementioned assertion in detail by stating in detail the judgment on the “determination of the Defendant and the defense counsel’s assertion” in the said judgment.

In full view of the circumstances established by the evidence duly admitted and examined by the lower court, the lower court’s aforementioned determination is justifiable. In so determining, it erred by misapprehending the legal doctrine on the mistake of facts and the recognition of credibility of the victim’s statement, thereby adversely affecting the conclusion of the judgment.

subsection (b) of this section.

Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.

B. A favorable condition is that the defendant has no record of being punished for the same offense against the judgment of the unfair sentencing of the defendant and the prosecutor.

On the other hand, the crime of fraud, such as the crime of this case, committed by the victim, should be punished strictly because it causes incidental damage other than economic losses to the other party, and affects the trust of the trial system, and the fact that the defendant did not agree with the victims until the judgment of the party is affirmed is disadvantageous.

In addition, the judgment of the court below is new after the sentence.

유사 판례

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