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(영문) 전주지방법원 2019.06.26 2019노462
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles did not deceiving the victim in collusion with D, and there was no intent to commit fraud. Nevertheless, the judgment of the court below that convicted all of the facts charged in this case is erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) The sentence of unfair sentencing (eight months of imprisonment and two years of suspended execution) of the court below is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In the lower court’s argument of mistake of facts and misapprehension of legal principles as to the Defendant’s assertion of misapprehension of the legal principles, the lower court consistently stated to the effect that ① the Defendant, as a general manager of the Daejeon Branch B, Co., Ltd. (hereinafter “B”), the overall manager of the Daejeon Branch B, the Defendant continued to hold a meeting relating to D and Co., Ltd.’s financial situation or land situation. ② D, in the investigative agency and the lower court’s court, was aware that, even if the land was sold out at the Daejeon Branch, there was no profit at the time of selling the instant land to the Defendant, since it was salvaged that there was no profit at the time of selling the instant land to the Defendant. At the meeting, it was difficult for the Defendant to know that there was no money there was no money, and that there was no money to lend and pay out the land outside, and that there was no money to the purchaser of would be no money to transfer the right to collateral security to the Defendant. ③ In view of the fact that the Defendant did not use the land at the time of selling the instant land to the Defendant, despite the fact that it was difficult.

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