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(영문) 인천지방법원 2019.01.24 2018노2636
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts or misunderstanding of legal principles as to guilty portion of the judgment of the lower court, and unreasonable sentencing) did not mislead victims as stated in each of the criminal facts in the judgment of the lower court, and did not have the intent of deceiving victims.

Furthermore, as long as the defendant delivered the victims with the goods corresponding to the amount received from the victims directly, the victims' property damage is not recognized.

Nevertheless, the court below convicted the defendant on the sole basis of each victim's statement. The court below erred by misunderstanding the facts or misunderstanding the legal principles on the establishment of fraud under the Criminal Act, which affected the conclusion of the judgment.

In addition, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, such as the prosecutor (misunderstanding of facts as to the acquittal portion of the judgment of the lower court and unreasonable sentencing as to the judgment of the lower court) the victim AD’s statements, etc., the charged facts of embezzlement are

Nevertheless, the court below acquitted the defendant of this part of the facts charged. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

In addition, the punishment sentenced by the court below is too uneasible and unfair.

2. Judgment on the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles (as to the guilty part of the original judgment)

A. The judgment of the court below also asserted the same purport as the above reasons for appeal, and the court below rejected all the Defendant’s defenses asserted against the Defendant, which are contrary to this, on the ground that, in full view of the following circumstances acknowledged by the records of this case, the Defendant could be recognized to have committed a crime by deceiving each victim under the criminal intent of deception.

(1) A party to a shopping mall which the defendant has advertised the victims.

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