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(영문) 대구지방법원 2018.06.07 2018노848
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Since the facts charged as to Nos. 1 through 3 of the misunderstanding of legal principles do not constitute a single crime as a whole among the remaining facts constituting an offense, it shall be separately determined whether the statute of limitations has been completed. This part of the facts charged was already completed at the time of prosecution.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. Fact-misunderstanding ① Attached Nos. 1 through 3: only a loan based on the personal credit and debt relationship between the Defendant and the victim, and money irrelevant to the Defendant’s E business (hereinafter “instant business”) was not acquired by the victim in connection with the instant business.

② Attached No. 6: There is no fact that the injured party received KRW 28 million, and only paid KRW 20 million in cash.

③ Attached Nos. 11 through 28: only a loan based on the personal credit and debt relationship between the Defendant and the victim, and the money irrelevant to the instant project was not acquired from the victim in connection with the instant project.

Therefore, the judgment of the court below which found all of the charges guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

(c)

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. Determination as to the assertion of misunderstanding of legal principles (Nos. 1 through 3 of the list of crimes in annexed Form 1), the issue of whether this part of the facts charged is guilty or not shall be examined separately after the following. As to whether this part of the facts charged is related to a single comprehensive crime with the remainder of the facts charged, and whether this part of the facts charged was completed by the public prosecutor, including this part of the facts charged, the whole facts charged was charged as a single crime.

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