(영문) 서울북부지방법원 2018.11.30 2018노1497

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(영문) 서울북부지방법원 2018.11.30 2018노1497

사기

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not recruit K and A as a gold source, and the Defendant was detained on February 18, 2018, after cutting off his passport and handphones from the name Buddhist boxes immediately after the inter-party was detained in China on February 20, 2018, and returned to Korea. Defendant 1’s statement to the effect that: (a) on February 19, 2018, the Defendant got off the phone and allowed to continue committing a crime is difficult to believe.

Nevertheless, the court below rendered a conviction against the defendant with the credibility of the statement A, and the court below erred by misapprehending the facts.

2) The sentence of the lower court (two years and six months of imprisonment) that was unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The lower court determined that A received money from the victims under the direction of the Defendant consistently from the investigative agency to the court of the lower court.

The defendant was convicted on the ground that it is difficult for A to find out the motive to make a false statement against the defendant in light of the relationship between A and the defendant, etc.

B. On February 19, 2018, the lower court consistently responded to the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, (i) from the investigative agency to the lower court to the trial, the Defendant asked the Defendant at the Defendant’s phone call at Switzerland, and (ii) the Defendant asked the Defendant at Switzerland at the same time on February 19, 2018; and (iii) made a protest against the Defendant, and (iv) the Defendant resisted the Defendant “Is the Defendant.”

“At the request of the lower court to commit a crime even on February 20, 2018, following the day on which the seal was affixed.

From February 19, 2018 to February 20, 2018, the defendant made a statement, and the currency was made with the defendant several times.

유사 판례

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