(영문) 인천지방법원 2015.10.08 2015노2388 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.10.08 2015노2388

사기등

Text

All appeals by the Defendants are dismissed.

All applications for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) Defendant A, etc. did not have conspired in advance to commit the instant crime, and Defendant A, etc. was aware of the fact that the defrauded was related to the sports soil, and there was no fact that the Defendant committed an act of sharing duties. In addition, the Defendant did not have been aware of the facts charged (each fraud committed on November 19, 2014 and the crime of using computers, etc. committed on November 20, 2014) under paragraph (2) of the facts charged, and the lower court convicted Defendant B by misapprehending the legal doctrine. (2) Defendant B did not err by misapprehending the legal doctrine, or by failing to prove that the Defendant was guilty of the instant crime, even though he did not have conspired to commit the instant crime at a place where the instant crime was committed on November 19, 2014 upon A’s request, even though he did not appear to have been aware of the fact that the Defendant was committed on November 20, 2014, the lower court did not have any relation to the instant crime.

3) Defendant C, etc. did not have conspired in advance to commit the instant crime with Defendant C, and did not have been involved in the facts charged under paragraphs (1) and (3) of the facts charged (the crime committed on November 20, 2014 by using computers, etc. as of November 2014) and Article 2(3) (the crime committed on November 20, 2014). Although the Defendant was aware that the fraud of the crime involved was related to the sports competition, the lower court committed a mistake of facts or by misapprehending the legal principles, thereby convicted the Defendant. (b) The lower court sentenced the Defendants of the crime by misapprehending the facts or by misapprehending the legal principles. The sentence (the Defendant A: two years of imprisonment with prison labor, Defendant B, and Defendant C: April 1 and 2 of each year is too unreasonable.

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