logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.05.02 2016노4123
사기
Text

The judgment below

Among the 2016estest 1807est 201, each of the types of frauds 1, 2, and 3 set forth in [Attachment Table 1, 1807] is the lower court.

Reasons

1. Summary of grounds for appeal;

A. In the lower court’s determination, 1-8, 12, 33, 37, 72, 74, 76, 78, 80, 90, 100, 102, 110, 115, 118, 119, 122, 130, 135, 142, 144, 147, 152, 153, 157-163, 38 cases (excluding all of the frauds in the lower court’s judgment with respect to each of the frauds set forth in attached Table 1807, 2016, 2590, 2760).

B. The sentence of the lower court’s unfair sentencing (one year of suspended sentence in one month and one year and six months of imprisonment in respect of the remaining frauds) is too unreasonable.

2. Determination

A. Judgment 1 on the assertion of mistake of fact 1) According to the statement of the police officer or the statement prepared by the victims of each of the above frauds, the defendant sold the time and place of each of the above sequences stated in the daily list of crimes, and the book of 13, 15, 38, 56, 66, 68, 75, 82, 84, 85, 95, 99, 108, 112, 120, 136, 145, and 149 as to each of the above frauds (18 cases) which were duly adopted and investigated by the court below and the court below, and the court below, and the records prepared by the victims.

Since it is false and it can be recognized that the defendant acquired money from the victims in the name of the book value, this part of the defendant's assertion of mistake is without merit.

2) The crime committed each of the above frauds at 11, 22, 25, 29, 32, 35, 40, 45, 46, 48, 50, 51, 57, 59, 62, 63, 65, 67, 69, 70, 73, 81, 86, 94, 107, 116, 116, 124, 125, 129, 132, 134, 140 each of the above frauds at the court below with respect to each of the above frauds (32 cases), although there was no evidence by the victim, the evidence duly adopted and investigated at the court below did not provide evidence to the victim, i.e., the list of financial transactions (Evidence No. 11), the evidence No. 12, and the list of the victims' damage (Evidence No. 35).

arrow