(영문) 대구지방법원 2019.10.25 2019노283 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.10.25 2019노283

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 suspended sentence for one year’s imprisonment) is too unhued and unreasonable.

B. Defendant 1) In light of the specific circumstances and the following circumstances, the Defendant’s act did not constitute deception by omission, and even if there was a deception by household affairs, the victim did not have committed a disposal act by mistake. Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal doctrine. 2) The lower court’s punishment of unreasonable sentencing is too unreasonable.

2. Determination

A. The judgment of the court below on the Defendant’s assertion of mistake of facts and misapprehension of legal principles also asserted the same purport as the grounds for appeal of this case, and the court below found the Defendant guilty of the charge of this case on the ground that, on the grounds of the facts and circumstances stated in its reasoning, the Defendant would have not conducted a disposal act transferring the first priority pledge right to F Co., Ltd. if the Defendant would have actually borrowed KRW 1.3 billion from F Co., Ltd., and the Defendant would have not conducted a disposal act of transferring the first priority pledge right. Thus, the Defendant’s act was ultimately deceiving the other party by disregarding the fact that he would have

Examining the reasoning of the judgment below in comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable. In so doing, the court below did not err by misapprehending the legal principles as alleged by the defendant.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. We examine both the prosecutor and the defendant's assertion of unfair sentencing and the defendant's assertion.

Sentencing compared to the first instance court.

유사 판례

-서울남부지방법원 2015.09.24 2014노1267

-대구지방법원 2020.10.27 2019노4518

-인천지방법원 2012.12.06 2012노2297

-서울북부지방법원 2020.04.28 2019노1725

-서울북부지방법원 2019.03.29 2018노2184