(영문) 대전지방법원 2013.04.10 2012노652 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전지방법원 2013.04.10 2012노652

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the victim F.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (Supreme Court Decision 201Da1642 Decided April 2, 201) is that the Defendant had the ability to repay the amount of KRW 24.7 million from the victim C, and thus, the Defendant did not have the intent to obtain fraud. However, the lower court found the Defendant guilty of this part of the facts charged. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) Each sentence (No. 1: imprisonment with prison labor for 4 months and 2 months: imprisonment with prison labor for 6 months) imposed by the lower court on the Defendant,

B. In the judgment of the court below, the court below erred by misapprehending the legal principles as to the amount of secured claims and acquitted the Defendant on the charge of the breach of trust as to the portion of secured claims for security deposit deposit deposit which cover KRW 52,023,200,000 from KRW 70,000 to KRW 80,000,000 in addition to the amount of secured claims, although the amount of secured claims was included in the part of the judgment of the court below, which acquitted the Defendant on the charge of the breach of trust regarding the portion of secured claims for security deposit deposit deposit which cover KRW 52,023,20,000 among the facts charged, which affected the conclusion of the judgment, although the court below erred by misapprehending the facts or misapprehending the legal principles, which affected the conclusion of the judgment.

2. Prior to the judgment on the grounds for appeal ex officio, the first court found the defendant guilty after the examination of the case, and the second court convicted the defendant partially, and acquitted the defendant. The defendant appealed from the judgment of the court of first instance and the judgment of the court of second instance as to the guilty part among the judgment of the court of second instance, and the prosecutor appealed from the judgment of the court of second instance as to the acquittal part among the judgment of the court of second instance, and the above

유사 판례

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