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(영문) 청주지방법원 2019.09.06 2019노760
사기등
Text

Each judgment of the court below shall be reversed.

In the 8th month of imprisonment with prison labor for each criminal defendant, perjury in the judgment.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) Of the facts charged, the Defendant had the intent or ability to repay the borrowed money to the victim H with respect to the fraud. 2) The purport of the Defendant’s appearance in the court of the case No. 2016Dahap430 of the Seoul Southern District Court on the charge of perjury is that all the money received from the victims of the instant case was used by H or used by H for H, and thus, the Defendant did not make a false testimony contrary to memory.

3) Nevertheless, the court below rendered a guilty verdict on the whole facts charged against the defendant, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts, which affected the conclusion of the judgment. (b) The punishment (for each fraud: imprisonment of eight months, perjury, and perjury: imprisonment of two months) pronounced by the court below among the sentencing division is too unreasonable and unfair. (2) The court below asserted to the purport that the above mistake of facts is alleged (the point of fraud and perjury). However, although the court below asserted to the same effect as the above mistake of facts, the court below rejected the defendant's assertion and recognized the facts charged in this case by explaining detailed circumstances at the bottom of the summary of the evidence in the court below's written judgment, the court below rejected the defendant's argument and it is sufficiently acceptable

3. Judgment on the assertion of unfair sentencing

A. The fact that each part of the crime of fraud in the holding of the court below does not seem to be divided into a mistake, and in the case of each crime of fraud in the holding of the court below, the fraud amount is the maximum amount of KRW 170 million, and most of the damage has not been recovered.

However, in the meantime, the defendant paid 20 million won to the victim H, and in the case of each crime of fraud in the judgment, equality with the case of judgment should be considered at the same time as the judgment becomes final and conclusive, and in addition to the punishment of minor fines for this type of crime up to the transfer of each crime of fraud.

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