(영문) 수원지방법원 2017.06.22 2016노7033 | 리걸엔진

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Reasons

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자간(%)

(영문) 수원지방법원 2017.06.22 2016노7033

사기등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s mistake of fact) The Defendant did not call to the victim that “the third father is an employee of a middle school who is an employee of the general affairs of a middle school, and only received 1.3 million won from cash transfer as well as 1.3 million won.

The judgment of the court below that found the defendant guilty of this part of the facts charged without deceiving the victim.

B) Even though the Defendant did not make a statement as to the victim as described in this part of the facts charged, thereby undermining the honor of the victim.

The judgment of the court below is erroneous in finding facts.

2) The sentence of the lower court (one year of imprisonment with prison labor, one year of suspended sentence, one million won of fine, and one compensation order) that was unfair in sentencing is too unreasonable.

B. Prosecutor 1) The Defendant deceivings the Defendant to the effect that he may take advantage of his third father’s sonship even though he did not have the ability to take care of the victim’s children, and the victim was not merely involved in the Defendant’s in the act without the influence of the Defendant for the purpose of perjury or evaluation, but rather has the ability to take care of the Defendant.

Since the defendant believed and bears the cost of returning to all the country, this part of the facts charged can be recognized as deceiving the victim and deceiving the victim.

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous as a matter of fact.

2) The above sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. Determination 1 on the assertion of mistake of fact : (a) Of the frauds, the summary of the facts charged in this part of the charges is as follows: (i) the Defendant’s house No. 104 of the Defendant’s establishment in light of the U.S. on July 7, 2014; and (ii) the Defendant’s third father and wife’s general employees of middle school.

유사 판례

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