(영문) 수원지방법원 2019.05.03 2018노6891 | 리걸엔진

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(영문) 수원지방법원 2019.05.03 2018노6891

사기미수방조등

Text

Defendant

The appeal by the prosecutor is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the criminal facts of the judgment of the court below on the erroneous determination of facts, the Defendant did not know at all about the fraudulent conduct of a person who was not eligible for a name, and the lower court’s sentence of unfair sentencing (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In full view of the following facts: (a) the Defendant, like the Defendant’s age, occupation, social experience, and written indictment, which can be found by the evidence duly adopted and investigated by the lower court as to the Defendant’s assertion of mistake of facts; and (b) the Defendant received contact related to the loan prior to the instant crime and withdrawn and delivered cash; (c) there was no actual loan; (d) the Defendant did not thoroughly confirm how the loan was made; and (e) the dialogue between the lending company and its employees was concentrated in the process of withdrawing cash; and (e) the withdrawal of cash deposits from many individuals is not relevant to the possible lending of cash; and (e) the Defendant could not have any relation with the withdrawal of cash deposits from many individuals, as indicated in the facts charged in the lower court’s judgment, with the knowledge of his account number as stated in the facts charged in the lower judgment, and then withdrawn the money deposited into the said account to assist the act.

Therefore, the judgment of the court below that made the same conclusion is just, and there is no error of law by mistake that affected the judgment.

The defendant's assertion of mistake is without merit.

B. We also examine the defendant's and prosecutor's assertion of unfair sentencing.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Supreme Court Decision 23 July 23, 2015

유사 판례

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-수원지방법원 안산지원 2015.08.05 2015고단1744

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