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(영문) 전주지방법원 2020.01.22 2019노888
사기등
Text

Of the judgment of the first instance, the guilty part of the case No. 2017 order 2611 and the case No. 2018 order 1896 shall be reversed, respectively.

Reasons

The lower court found the Defendant not guilty of the fraud related to the amount of agreement among the facts charged in the case No. 2017 High Court Order 2611, and of the fraud related to the preparation of authentic deeds, and convicted the remainder of the facts.

In this regard, only the defendant appealed about the guilty portion, and since the prosecutor did not appeal about the acquittal portion, the acquittal portion which the defendant and the prosecutor did not appeal was separated and determined as it is after the lapse of the appeal period, and excluded from the scope of the judgment of this court.

Therefore, the scope of the judgment of this court shall be limited to the guilty part concerning the case No. 2017 High Court Order No. 2611 and the 2018 High Court Order No. 1896 and the 2 lower court judgment.

Summary of Grounds for Appeal

Although misunderstanding of facts and misunderstanding of legal principles (the second judgment of the court below) have borrowed money from the defendant, there is no fact that the defendant actively inducedd the victim as shown in this part of the facts charged, and there is no intention or ability to repay the money from the time of borrowing the money due to the difficulty of business due to detention of the defendant

In the judgment of the court below on unreasonable sentencing (the judgment of the court below of the first instance): Imprisonment with prison labor for one year, and imprisonment for two years, and imprisonment for two years, and imprisonment for two months, and imprisonment for two months, and imprisonment for ten months) for the second judgment of the court of first instance.

On the premise of the judgment, the crime of the case in the first instance court No. 2017 Godan2611 in this part is considered as follows: (a) as stated in the first head of the crime in the judgment of the first instance court in this part; (b) the prosecutor applied for the amendment of the indictment with the content that added the final judgment on May 23, 2015 to the first head of the crime in the judgment of the first instance court (2017 Godan2611 in the case); and (c)

On November 27, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for one year at the Jeonju District Court for fraud, etc. and the said judgment became final and conclusive on May 23, 2015, and on June 10, 2016, the Jeonju District Court shall be sentenced to one year and six months of imprisonment with prison labor for fraud, etc. and a suspended sentence.

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