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(영문) 의정부지방법원 2018.11.27 2018노828
사기
Text

All judgment of the court below shall be reversed.

Of the judgment of the court of first instance, the defendant is either 1 to 7 in the list of crimes in the judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant received money from the injured party, the Defendant actually used the money under the name of gas charging projects or historical activities, etc., and at the time there was a criminal intent by deceiving the injured party or by deceiving the accused. At the time, the Defendant had the criminal intent of deceiving the injured party or deceiving the accused.

subsection (b) of this section.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and there is a violation of law by mistake.

B. The punishment of the court below (an offense No. 1 through No. 7 of the crime list in the judgment of the court of first instance: Imprisonment with prison labor for one year, and an offense No. 8 through No. 10 of the crime list in the judgment of the court of first instance: imprisonment with prison labor for one year and six months, and a crime No. 1 of the judgment of the court of second instance in the judgment of the court of second instance: two months: imprisonment with prison labor for two months; and a crime No. 2 and 3 of the judgment of the court of second instance in the judgment of the court of second: imprisonment

2. Prior to the judgment on the grounds for an ex officio appeal, two appeals cases were joined in the first instance court, and the two appeals cases were committed against the Defendant, each of the crimes No. 1 or No. 7 in the list of crimes in the judgment of the court of first instance, and the crimes No. 8 or No. 10 in the judgment of the court of first instance among the crimes in the judgment of the court of first instance, and the crimes No. 2 or No. 3 in the judgment of the court of second instance in the judgment of the court of second instance are concurrent crimes in the former part of Article 37 of the Criminal Act, and each of the crimes No. 3 in the judgment of the court of second instance shall be sentenced to one punishment in accordance with Article 38(1

However, among the judgment of the court of first instance, the defendant's assertion of mistake of facts as to each crime No. 1 or No. 8 of the crime list in the judgment of the court of first instance is still subject to determination, and this is judged below.

3. In light of the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant may recognize the fact of deceiving the victim as stated in the facts charged. Therefore, the Defendant’s person.

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