logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 (춘천) 2016.07.13 2016노32
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding, misunderstanding of legal principles 1) The Defendants did not deceiving the victimJ, there was no fact that some of the money was paid, and the money partially received from the victim (account transfer) was paid out of the amount that the Defendants lent to the victim.

In particular, the lower court erred by taking the CD (Evidence 200 No. 200) as evidence of guilt on April 23, 2012, which was inadmissible in relation to this, as evidence.

B. The defendant B did not participate in the receipt and payment of the above money by the defendant A.

2) Defendant A did not have assaulted the victim J.

3) Since Defendant A did not have any money to the victim J, it cannot be viewed as a false complaint.

B. The sentence sentenced by the lower court (seven years of imprisonment with labor for Defendant A, and three years of imprisonment with labor for Defendant B) is too unreasonable.

2. Determination as to the misapprehension of facts or misapprehension of legal principles

A. On April 23, 2012, in a case where: (a) relevant legal principles and records relating to conversations between the Defendant and the other party were submitted as evidence of facts charged; and (b) the court conducted verification as to whether the contents of the recording document and the recording recorded on the recording tape are identical to those of the other party; (c) evidence constitutes evidence is itself a conversation recorded on the recording tape; (d) the contents of the Defendant’s statement are different from documents in addition to the provisions of Articles 311 and 312 of the Criminal Procedure Act, so long as the Defendant did not agree that the recording tape may be admitted as evidence; and (e) the Defendant’s statement in the recording tape may be used as evidence to use the Defendant’s statement made on the recording tape as evidence, the content of the recording document recorded by the other party’s statement made in a preparatory hearing or a trial date pursuant to the proviso to Article 313(1) of the Criminal Procedure Act.

arrow