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Reasons
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(영문) 대구지방법원 2017.11.10 2017노3623
사기
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The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the prosecutor (the part without charge) found the Defendant guilty of this part of the facts charged on December 21, 2016, on the ground that there is sufficient evidence such as the Defendant’s identification card (No. 43 pages 43, 55 page 2017, 92, 92, 92, 44 page 3, 92, 92, 92, 268 page 3, 268 of the evidence record), the lower court erred by misapprehending the legal principles, or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (four years of imprisonment) is too unreasonable.

2. Determination

A. On December 21, 2016, around 19:00, the summary of this part of the facts charged is as follows: (a) the Defendant, in collusion with an infinite name and an infinite statement of crime No. 24; (b) by deceiving a victim’s name infinite, and obtained KRW 30,000,000 from the injured party, by deceiving the victim’s name infinite from the point of AP AP World War located in Seoul AO; and (c) by deceiving the victim.

2) The lower court determined that the Defendant led to the confession of this part of the facts charged, but since there is no evidence to reinforce the confession, the confession constitutes the only evidence unfavorable to the Defendant, and thus, cannot be considered as evidence of guilt. In so doing, the lower court rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act on the ground that this part of the facts charged constitutes a case where there

3) The evidence of reinforcement of confessions is sufficient when it can be recognized that the confession of the defendant is not processed, even if the whole or essential part of the facts constituting the crime is not recognized, and indirect or circumstantial evidence, not directly evidence, is also indirect or circumstantial evidence.

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