(영문) 부산지방법원 2017.12.01 2017노2915 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.12.01 2017노2915

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court found Defendant 1 guilty of this part of the facts charged even though the misunderstanding of facts (as to the fraud by the lower court 2017 order 561, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. Determination 1 on the Defendant’s assertion of mistake of fact 1) In a case where the Defendant denies the intention, which is a subjective element of the constituent elements of the crime, the criminal intent itself cannot be objectively proved. As such, it is inevitable to prove it by means of proving indirect facts or circumstantial facts relevant to the criminal intent in light of the nature of things

At this time, what constitutes an indirect or circumstantial fact should be determined by a reasonable method of determining the link of facts based on normal empirical rules (see, e.g., Supreme Court Decision 2005Do8645, Feb. 23, 2006) by the Defendant’s assertion in the lower court as to the grounds for appeal of this case at the same time, and the lower court rejected the Defendant’s assertion in a lower court’s explanation and judgment on the very long part as the gist of evidence of the judgment was recorded. In addition, considering the following circumstances recognized by the evidence duly adopted and investigated by the lower court, the lower court can be recognized by deceiving the victims and theO, and by receiving KRW 150,000,00 from the victim N, respectively, as stated in its reasoning, by taking into account the following circumstances recognized by the evidence duly adopted and investigated by the lower court.

Therefore, the defendant's above assertion is without merit.

(1) A victimO shall be a corporation in Vietnam by the defendant and his/her partner at the request of an investigative agency.

참조판례

-대법원 2006. 2. 23. 선고 2005도8645 판결

유사 판례

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