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(영문) 전주지방법원 2020.04.28 2020노16
사기
Text

Of the judgment of the court of first instance, the part on Defendant C and D shall be reversed.

Defendant

C In relation to fraud against E.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (in fact-finding and inappropriate sentencing) (1) Defendant A did not agree with Defendant J on the charges No. 1 through No. 47 of the attached list of crimes (6) among the judgment of the court of first instance.

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts.

(2) The punishment sentenced by the lower court (4 months of imprisonment with prison labor for the crime of fraud against the victim E, and 7 years of imprisonment for the remaining crimes) is too unreasonable.

B. The punishment sentenced by the lower court (six years of imprisonment) is too unreasonable.

C. Defendant C (the mistake in fact and the inappropriate sentencing) (1) Defendant C did not take part in the fraud that Defendant A borrowed money from the victim B and Z.

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts.

(2) The punishment sentenced by the lower court (4 months of imprisonment with prison labor for the crime of fraud against the victim E, and 2 years of imprisonment for the remaining crimes) is too unreasonable.

Defendant

D (M) Defendant D did not participate in the fraud that Defendant A borrowed money from the victim B or Z.

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts.

E. Defendant F (De facto M) did not know that Defendant F borrowed money from the victim I, B, and Z, and only sent or made telephone conversations with a view to providing a little help to postpone the due date for repayment.

Defendant

F had no intention to assist Defendant A and J as a principal offender to commit fraud, and there was no intention to assist him.

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts.

F. Defendant A, who was sentenced by the lower court against Defendant A, J, and D (the fact-finding and inappropriate sentencing) and the victim E.

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