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(영문) 대구지방법원 2020.09.11 2020노1380
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the statements made by the prosecutor (not guilty of the victim D) and the victim D and Y, the court below found the Defendant not guilty of the Defendant’s fraud as to the victim D as attorney’s fee, and erred by misapprehending the legal principles, thereby affecting the judgment of the court below.

B. Defendant (1) did not receive a cash of KRW 2 million and KRW 4 million, as in the facts charged, from the victim B, as otherwise stated in the facts charged, from the victim (1) misunderstanding of facts (as to the part concerning KRW 2 million and KRW 2 million of the first crime among the cases in 2019 Highest 1227).

(2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment for the first and second crimes in the case of the original adjudication, the first and second crimes in the case of the second instance in the case of the second instance in the case of the second instance in the case of the second instance in the case of the second instance in the case of the second instance in the case of the second instance in the case of the second instance, and the second and second crimes in the case of the second instance in the case of the second instance in the case of the second instance in the case of the second instance in the case

2. The lower court, based on its stated reasoning, found the prosecutor’s assertion that it is difficult to believe the victim D’s statement in the contents of the written complaint and the written statement in the third and fourth trial records, and the other evidence submitted by the prosecutor alone is insufficient to recognize that the facts charged against the victim D were proven to the extent that there is no reasonable doubt, thereby not guilty of this part of the facts charged.

Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined by the lower court, the lower court’s aforementioned determination is just and acceptable. In so doing, it did not err by misapprehending the legal doctrine as otherwise alleged by the prosecutor, thereby affecting the conclusion of the judgment.

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

3. Judgment on the defendant's assertion of mistake of facts

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court of the relevant legal doctrine is consistent with the rationality, logic, and appearance of the statement itself.

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