(영문) 전주지방법원 2013.11.01 2013노665 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2013.11.01 2013노665

사기등

Text

1. All appeals by the Defendants are dismissed.

2. All applications for compensation by applicants for compensation shall be dismissed;

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s misunderstanding of facts or misapprehension of legal principles (Fraud) believed that the Defendant would be able to definitely pay high rate earnings, etc. in accordance with I’s profitable business, and received investment funds from the victims, and thus there is no fact by deceiving the victims. Even if such deception is recognized, it cannot be concluded that there exists a causal relationship between such deception and the victim’s disposal, and even if there was no criminal intent to commit fraud, the lower court accepted this part of the facts charged and convicted the Defendant. In so doing, the lower court erred by misapprehending the legal doctrine, which affected the conclusion of the judgment.

B. The sentence that the court below sentenced the Defendants on the grounds of unfair sentencing (the two-year imprisonment, the 10-year imprisonment, the 2-year suspended sentence, the 2-year imprisonment and the 3-year suspended sentence) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the defendant A's assertion of mistake of facts or misapprehension of legal principles, the court below rejected the above argument in detail under the title "the judgment of the defendant A and his defense counsel" in the grounds for appeal of this case. In light of the records and records, the judgment of the court below is just and there is no error of law in misunderstanding of facts or misunderstanding of legal principles as pointed out by the defendant (the statement made by the witness J in the court of appeal cannot be reversed and the defendant's lawsuit cannot be accepted). The above argument by the defendant is without merit.

B. The Defendants’ determination on the Defendants’ assertion of unfair sentencing is an initial criminal without conviction, and Defendant B and C recognize all of the instant crimes.

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