(영문) 대구지방법원 2020.11.20 2020노2851 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2020.11.20 2020노2851

사기등

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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that acquitted the defendant of this part of the facts charged is erroneous in the misconception of facts, even though the prosecutor (1) misunderstanding of facts (1) recognized the fact that the defendant had acquired money by deceiving the victim with the intention of defraudation, such as the charge of not guilty.

(2) The lower court’s sentence of unreasonable sentencing (one crime at the time of original adjudication: imprisonment with prison labor for six months and two crimes at the time of original adjudication: imprisonment with prison labor for two months) is too unjustifiable and unreasonable.

B. (1) The judgment of the court below which convicted Defendant (1) of the charge of mistake of facts (as to the part concerning the first crime at the time of original trial), is erroneous in the misapprehension of facts in the judgment of the court below that convicted Defendant of the charge of mistake of facts.

(2) The lower court’s sentence of unreasonable sentencing (one crime at the time of original adjudication: 6 months of imprisonment and 2 months of imprisonment at the time of original adjudication: 2 months of imprisonment) is too unreasonable.

2. The lower court found the Defendant not guilty of this part of the charges on the grounds that: (a) the victim entered into an agreement with the victim on the management and consultation of the victim’s assets, including the matters related to the operation of the Defendant and the Bank of Bankruptcy I; (b) from February 8, 2017 to July 14, 2017, the Defendant transferred total of KRW 65,813,487 from the victim to the account in the name of the Fund in the name of the Fund in charge of the Fund in charge of the operation expenses, etc.; (c) the Defendant was deemed to have been used as operating funds, etc.; (d) the Defendant remitted money to the victim several times; and (d) in light of the financial situation of the Fund in the Bank of Bankruptcy at the time of the instant case, the evidence submitted by the Prosecutor alone cannot be found to have been proven to the extent that there is no reasonable doubt about the charge.

Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined by the lower court, the lower court.

유사 판례

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