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(영문) 수원지방법원 2015.09.02 2015노1991
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The assertion to the effect of mistake of part of the lower judgment’s judgment on May 26, 2015, which was written in the statement of reasons for appeal submitted by Defendant A after the deadline for submitting the statement of reasons for appeal expired (the Defendant A did not have any intention to deception) cannot be a legitimate ground for appeal due to a new assertion that was filed after the deadline for submitting the statement of reasons for appeal was filed. Therefore, the aforementioned assertion to the purport of mistake of facts should be considered to the extent that it supplements the grounds for appeal stated in the statement of reasons for appeal filed on May 8,

The misunderstanding of facts and misapprehension of legal principles (defendants) that Defendant A received KRW 170 million from Q, the wife of the victim G, but this is the fact that Defendant B had a claim of KRW 220 million against the victim G, and Defendant B had a debt of KRW 500 million against Defendant A, the victim G paid a debt by a promissory deed between Defendant A and Q on behalf of Defendant B, in the situation where Defendant B had a debt of KRW 500 million against Defendant A.

Nevertheless, the court below found guilty of this part of the facts charged. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of imprisonment (one year of imprisonment) imposed by the lower court is too unreasonable.

2. Determination

A. As to the Defendants’ assertion of misunderstanding of facts and misapprehension of legal principles, the lower court rejected the Defendants’ assertion in detail under the title “determination of the Defendants and their defense counsel’s assertion” in the judgment of the lower court, on the grounds that the Defendants alleged the same as the grounds for appeal in this part.

In full view of the following circumstances, such as the evidence duly admitted and investigated by the court below, and the evidence duly admitted and investigated by the court below, the above judgment of the court below is justified and it is so determined.

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