logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.11.04 2016노3150
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

A misunderstanding of facts: The judgment of the court below that found all of the facts charged in this case guilty is erroneous as follows.

The intention of accusation is that Defendant A was merely an exaggeration of the amount of embezzlement damage, and there was no intention of accusation.

The fraud: Defendant A was merely intended to raise funds for the recovery of damage caused by G victims, and actually used the above money to recover damage by finding S, and there was no intention to commit fraud.

The violation of the Attorney-at-Law Act: Defendant A only filed a complaint on behalf of the complainant, but does not receive or promise to pay for the criminal case of another person and act on behalf of the complainant.

Unfair sentencing: The sentence of the lower court (three years and six months of imprisonment) is too unreasonable.

Defendant

B, misunderstanding of facts and misunderstanding of legal principles: The judgment of the court below which convicted Defendant B and C of the facts charged in this case is erroneous in misunderstanding of facts and misunderstanding of legal principles, despite the fact that Defendant B and C did not receive the case cost (5% of the final distribution cost for each individual) and the balance 50% of the predicted amount from the surplus fund, as a hand fee to receive without relation to the preservation of expenses or the implementation of litigation, and that it

Unfair sentencing: Each sentence (one year of imprisonment and each additional collection) of the lower court on Defendant B and C is too unreasonable.

The prosecutor's mistake of facts (not guilty portion against Defendant A): The victim's statement and C, the burden of litigation cost prepared by him, and the account transaction details can be found guilty, but the judgment of the court below erred by misapprehending the facts.

Unfair sentencing: The lower court’s each sentence against Defendant A, B, and C is too uneasible and unfair.

Defendant

The defendant A is not guilty of the argument of mistake of facts.

arrow