(영문) 수원지방법원 2017.04.26 2016노9026 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.04.26 2016노9026

사기등

Text

1. The part of the lower judgment against Defendant B (excluding the part dismissing an application for compensation order) shall be reversed.

Defendant

B. ..

Reasons

1. Summary of grounds for appeal;

A. Defendant A et al. refers to Defendant A et al. without indicating the name of Defendant in each of the pertinent items, and “Defendant” refers to Defendant A et al., and the name of Defendant is solely named.

(1) The Defendant did not commit a crime in collusion with C as stated in paragraph (3) of the lower judgment.

(2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts, ① the charge of forging the private document, uttering of the above investigation document, and fraud as stated in paragraph (1) of the original judgment, was found by the victim’s request to confirm the contents of the pre-tax agreement, and the Defendant, at around October 8, 2009 at the victim’s request, did not know that he did not actually know that he did not know that he was the lessor. Accordingly, there was no criminal intent of forging the private document and exercising the above investigation document, and there was no fact of participating in the crime of fraud.

(2) Article 3-3 of the Judgment of the original court.

The defendant is only the fact that he introduced C to the victim upon A's request, but has not participated in the crime of fraud.

(2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unreasonable.

(c)

Defendant

C The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Determination on Defendant A’s assertion of grounds for appeal

A. In full view of the evidence duly admitted and examined by the court below and the court below's judgment as to the assertion of mistake of facts, it can be sufficiently recognized that the defendant committed each crime listed in paragraph 3 of the court below's decision in collusion with C, so the defendant's above assertion by the defendant is without merit.

B. The Defendant appears to have an attitude to recognize and reflect his mistake as well as to judge the unfair argument of sentencing.

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