(영문) 전주지방법원 2018.03.29 2017노1271 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2018.03.29 2017노1271

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. In light of the facts, misunderstanding of the legal principles, etc., the court below found the Defendant guilty of the fraud among the facts charged in this case, even though the Defendant did not deceiving the victims of the ability to repay repayment and did not have a criminal intent to defraud the Defendant, the court below erred by misunderstanding the facts or by misapprehending the legal principles.

(1) The lower court, by presenting a forged real estate lease agreement to the victims, deceiving the victims as if the Defendant had a security deposit repayment claim.

The recognition was recognized.

However, the defendant did not first make a proposal to provide a security to the victims, and the victims demanded a security after paying money to the defendant, and then forged and used a real estate lease contract at the latest.

② The victims were well aware of the fact that each of the instant loans was used for the repayment of the O’s obligations, not the Defendant, and actually used for the repayment of the O’s obligations.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and applied for an amendment to a bill of amendment to the indictment of this case as stated in the revised facts charged, and since this court permitted this, the judgment of the court below was no longer maintained.

However, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court, despite the above reasons for reversal of authority.

3. Determination as to the misapprehension of facts and misapprehension of legal principles

A. The lower court found the Defendant guilty by taking account of the evidence as indicated in its reasoning.

B. On the basis of the evidence duly admitted and examined by the lower court and the first instance court, the following is acknowledged.

유사 판례

-서울서부지방법원 2021.01.21 2020노942

-의정부지방법원 2018.06.28 2018노174 (1)

-전주지방법원 2017.06.22 2016노1636

-부산지방법원 2017.08.18 2016노4035

-광주지방법원 2017.11.22 2017노2314