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(영문) 대전지방법원 2018.06.21 2017노3841
사기등
Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1 did not take part in the crime of fraud by illegal loan fraud by Defendant A, and there is no fact that Defendant A used the lease contract by forging the lease contract or by altering the content of inspection by the transfer household.

2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

B. The prosecutor asserted the mistake, misunderstanding of legal principles, and misunderstanding of sentencing on the grounds of each appeal against Defendant C and E at the trial date of the first trial of the court below, but Defendant C and E were acquitted of all the facts charged at the court below, so the improper argument of sentencing seems to have been made by mistake.

1) The lower court’s sentence against Defendant A (unfair sentencing) is too unhued and unreasonable.

2) According to the evidence submitted by the prosecutor against Defendant C (misunderstanding of facts and misapprehension of the legal doctrine), the fact that Defendant C conspired with the Defendant A to commit the crime of fraud, fabrication of private documents, uttering of an investigation document, alteration of official document, or uttering of altered official document against the credit cooperative of the victim, as stated in the facts charged, can be acknowledged.

3) According to the evidence submitted by the prosecutor against Defendant E (misunderstanding of facts and misapprehension of the legal doctrine), Defendant E can be found to have committed frauds with Defendant E in collusion with the victim Y and L, as stated in the facts charged.

2. Determination

A. As to Defendant A’s assertion of mistake of facts, Defendant A asserted the same purport as the grounds for appeal under this part of the judgment of the court below, and the court below rejected the above assertion and found Defendant A guilty of the facts charged of this case by clearly explaining the aforementioned assertion and its decision in detail under the title “Determination on the issue.”

Examining the judgment of the court below and the court below in comparison with the evidence duly adopted and examined, the above judgment of the court below is just and acceptable, and otherwise there is an error of law by mistake of facts as alleged by defendant A in the judgment below.

(c).

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