(영문) 서울중앙지방법원 2020.11.06 2019노3438

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.11.06 2019노3438

사기

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

(2).

Reasons

1. Summary of grounds for appeal;

A. Defendant A (Definite) is not guilty of acquiring the sales price from the victim P in collusion with Defendant A (Definite).

B. Defendant B (1) In collusion with A, there is no fact that the Defendant acquired the sale price by deception from the victim P.

(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The prosecutor (1) conspireds the Defendants to acquire the proceeds of sale in collusion with the victim C, D, E, F, G, and H to acquire a total of KRW 434 million from the victim C, D, E, F, G, and H as the proceeds of sale.

(B) First of all, the Defendants conspireded to acquire the said victims’ shares among the claims for preferential benefit from the victim I, J, K, K, L, M, N, andO.

(C) The defrauded of the cost of filing a provisional disposition by conspiracy with the victim Qand P to obtain the total sum of KRW 15 million.

(2) The sentence against Defendant A (two years of suspended sentence in October) and the above sentence against Defendant B by the lower court on unreasonable sentencing is too uneasible and unreasonable.

2. Determination:

A. As to the Defendants’ assertion of misunderstanding of facts, the lower court rejected the Defendants’ assertion in detail on the assertion of the grounds of appeal as to this part of this part of the judgment, and the lower court rejected the Defendants’ assertion and its decision in detail.

In addition to the grounds stated by the court below, the court below's decision rejecting the defendants' assertion is just, and there is no merit in the misapprehension of the legal principles as to the defendants' assertion, if the court below's reasoning is justified, and it is justified in rejecting the defendants' assertion, since it is justified in the misapprehension of the legal principles since the defendants' assertion is not justified.

B. As to the prosecutor’s assertion of mistake of facts, the lower court had already been trusted by the victims of the instant apartment.

유사 판례

-서울동부지방법원 2013.03.18 2012고단2437

-인천지방법원 2019.01.09 2018고단1732

-인천지방법원 2020.10.22 2020노165

-청주지방법원 2020.04.24 2019노1541

-서울중앙지방법원 2015.04.24 2014노5280