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(영문) 대구지방법원 2020.12.11 2020노3172
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (two years of imprisonment) is too unhued and unreasonable.

B. (1) Although Defendant (1) was guilty of mistake of facts and misapprehension of legal principles (in the case of original adjudication, with regard to paragraph (2) of the crime), the judgment below which convicted the Defendant of the facts charged of this case is erroneous of mistake of facts and

(2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination on the Defendant’s assertion of mistake of facts and misapprehension of legal principles (in relation to the facts charged at the original trial), the Defendant denied this part of the facts charged at the original trial. However, the lower court appears to have, as stated in its reasoning, that ① on December 12, 2017, the day before the Defendant received the payment of USD 60,000 from the victim H, the Defendant’s total of KRW 190,000 ($ 138,000,000 = 19,000,000 + KRW 50,000,000) was notarized by a debt repayment contract for the Defendant’s 50,000,000 won in addition to the Defendant’s H. 60,000,000 won in addition to the Defendant’s 2,000,000 won in excess of 5,000,000 won in excess of 20,000 won in the name of the Defendant’s loan.

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