(영문) 광주지방법원 2018.04.05 2016노639 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.04.05 2016노639

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In relation to the fact that the defendant conspireds with the co-defendant A of the first instance trial for the crime (F's labor cost related to fraud) set forth in paragraph (1) of the criminal facts stated in the judgment of the court below, A stated in the investigative agency that the defendant would pay the cost of equipment by falsely stating F as a general worker, and that he/she acquired F's labor cost by falsely claiming F's labor cost through consultation with the defendant.

In addition, with regard to the fact that the defendant conspireds with A to commit the crime (G's labor cost related fraud) as stated in paragraph (2) of the criminal facts in the judgment below, A made a statement to the effect that: (a) in an investigative agency, the defendant was defective as he had worked a processed person who did not work at the actual site because of the necessity of on-site expenses; (b) was informed the defendant by receiving personal information from G in return for requesting personal information; and (c) the head office has kept the G's passbook in custody, if G's labor cost entered

(2) In this case, A’s statement is reliable, and according to this, the facts that the Defendant conspiredd with A are sufficiently recognized, in light of the following: (a) the Defendant was in the position of a site manager in charge of overall business at the construction site; and (b) the Defendant and A had been sentenced to a fine of KRW 3 million in the case of the same kind of fraud.

(3) Nevertheless, the lower court which acquitted the Defendant of this part of the charges, erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (amounting to KRW 3,00,000) is too uneasy and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged against the Defendant in the lower judgment (1) is as follows: (a) the Defendant conspireds with A, and on May 2, 2009, H(State) with L in Gwangjuyang-si.

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