(영문) 대구지방법원 2015.10.15 2015노1952 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.10.15 2015노1952

사기등

Text

The judgment below

The part of each judgment on fraud is reversed.

As to each crime of fraud in the judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was operating a mobile phone agency at the time of mistake of facts (as to each fraud in the original judgment), had no reason to block the instant fraud while undermining the risk of economic loss, etc.

Although the Defendant did not have recruited or participated in a fraudulent crime as stated in the facts charged in the instant case, the lower court erred by misapprehending the fact, thereby convicting the Defendant of this part of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (each fraud in its original judgment: 1 year of imprisonment, and 6 months of imprisonment) is too unreasonable.

2. The defendant in the judgment of the court below as to the assertion of mistake of fact also asserted the same as the above grounds for appeal, and the court below rejected the defendant's assertion and found the defendant guilty of this part of the facts charged.

Examining the records of this case and the reasoning of the lower judgment closely, the lower court’s judgment that found the Defendant guilty of this part of the facts charged is just and acceptable, and there is no error of mistake of facts as alleged by the Defendant and the defense counsel.

In regard to this, the defendant did not have the motive or reason for committing the crime, and the accomplice made a false statement. However, the defendant's statement of the investigative agency and the accomplice in the court of original instance on the conspiracy and allocation of roles with the defendant is consistent and specific, and it is recognized that the defendant's statement is credibility is consistent and specific. In light of the circumstances and circumstances leading to the crime including the preparation process of funds, human resources, etc. for committing the crime in this case, the defendant's participation in the crime in the crime in this case

3. Judgment on the assertion of unfair sentencing

A. Part of the crime of fraud of each of the judgment below is committed by the defendant E, etc.

유사 판례

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-서울중앙지방법원 2014.03.20 2013노3764

-부산고등법원 2019.01.24 2018노644