(영문) 창원지방법원 2018.11.28 2017노3396 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.11.28 2017노3396

사기등

Text

Defendant

All appeals filed by the Defendants B and the Prosecutor are dismissed.

Reasons

1. The defendant B did not submit the reasons for appeal within 20 days of the submission period of the reasons for appeal even after the court received a notice of legitimate receipt of the records of trial from this court.

In addition, there is no indication of the reason for appeal in the petition of appeal, and there is no reason for ex officio investigation even after examining the record.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds of appeal 1) In light of the fact-misunderstanding (as to Defendant A’s fraud), the payment structure, use and timing of the instant money, the financial situation of Defendant A at the time, etc., it is insufficient to recognize that the evidence submitted by the prosecutor sufficient to recognize that Defendant A had obtained money by deceiving Defendant A by deception and deception, and that there is no other evidence to acknowledge this, the lower court acquitted Defendant A of this part of the charges of fraud by misunderstanding the fact that there is no other evidence to acknowledge this, and thereby, acquitted Defendant A of this part of the charges of fraud.

2) The lower court’s sentence (Defendant A: a fine of fine of KRW 7,00,00,000, Defendant B: a fine of KRW 8,000,00) against the illegal Defendants in sentencing is too uneased and unreasonable.

B. As to the assertion of mistake of facts, the prosecutor of the amendment of the indictment (additional charges of the ancillary charge) shall maintain the facts charged of fraud which was acquitted by the court below at the trial of the court below as the primary charges, and the name of the conjunctive crime is “occupational Embezzlement” as “Article 355(2) and Article 355(1) of the Criminal Act,” “Article 355(1) of the Criminal Act” as “Article 355(2) and Article 355(1) of the Criminal Act, and Article 3(1) of the facts charged as stated in the same clause

In the following, the grounds for appeal against the primary facts charged by the prosecutor and the ancillary facts added in the trial of the party are examined in order.

2) A public prosecution is instituted in a criminal trial against a mistake of facts as to the primary facts charged.

참조조문

-형법 제355조 제2항

유사 판례

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