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(영문) 전주지방법원 2018.08.29 2018노837
사기등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The judgment below

. Innocence.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact-finding 1 and misunderstanding of legal principles) fraud about F, and the fact that the Defendant acquired money from other victims continuously from other victims for the same period of time, the lower court found the Defendant not guilty of this part of the facts charged on the ground of the internal relationship between the Defendant and the victim F, there is an error of misunderstanding of facts and misunderstanding of legal principles.

B) Each fraud against G and H was committed by the Defendant in excess of his/her obligation, such as borrowing most of the money from others while preparing for multiple businesses, and in the process, by deceiving other victims, and by deceiving the money. In the event of failure to repay the borrowed money, the Defendant did not have the possibility of transferring the money to the victim G.

The Defendant had been under criminal trials at the time, and continued to engage in multiple businesses, making it difficult for the Defendant to repay money to the victim G and H, and the Defendant was also aware of this fact, and the victim G and H did not lend money if he knew of the above circumstances. Therefore, the lower court acquitted the Defendant of each part of the facts charged, even though the Defendant could be found to have by deceiving the victim G and H, and thereby, acquitted the Defendant of each part of the facts charged.

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

B. The lower court’s punishment is too unreasonable.

2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. The summary of the facts charged in this part of the charges 1) The Defendant committed fraud against F on November 26, 2009, at the point of scam of the former Military Credit Union, an exclusive taxi credit union located in YYYYAEAEMMYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY ACTEYYYYYYYYYYYYYYYYYYYYYYYYYY

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