(영문) 수원지방법원 2020.05.14 2019노6596 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.05.14 2019노6596

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit the instant crime in collusion with Co-Defendant A and B of the first instance trial.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misconception of facts.

B. The imprisonment with labor for the accused (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In a case where two or more persons on the assertion of mistake of facts are co-offenders who jointly process a crime, the conspiracy does not legally require a certain type of punishment, but only constitutes a combination of intent to realize a crime through the joint processing of a crime by two or more persons, and if the combination of intent is made in order or impliedly, the conspiracy relationship is established. As long as such conspiracy was made, those who did not directly participate in the act of execution shall be held liable as co-principal for the other co-offenders' acts.

(See Supreme Court Decision 97Do1706 delivered on September 12, 1997). The court below also asserted that the defendant is identical to the aforementioned assertion of mistake of facts, and the court below found the defendant guilty of this part of the facts charged by explaining the reasons why the defendant rejected the defendant's assertion in the summary of the evidence against the defendant.

In light of the circumstances indicated by the lower court, the lower court’s finding of facts and determination are justified, and the lower court did not err by misapprehending the legal principles as alleged by the Defendant, on March 31, 2015, in view of the following: (a) the Defendant entered into a lease agreement with the victim company and signed and sealed it on March 31, 2015; and (b) the fact that the Defendant received five million won from E, even though he/she was required to pay the lease through the lease agreement on April 1, 2015 on the following day.

Therefore, the defendant's assertion of mistake is without merit.

B. Determination on the assertion of unfair sentencing

참조판례

-대법원 1997. 9. 12. 선고 97도1706 판결

유사 판례

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