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(영문) 서울동부지방법원 2016.12.15 2016노1318
사기
Text

The judgment below

Among them, the part on the first crime and the part on the defendant B in the judgment of the court below against the defendant A shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. The part of the crime of Article 1 of the judgment of the court below as to Defendant A (misunderstanding of facts and unreasonable sentencing) 1 of the crime of Article 1 of the judgment of the court below is limited to the introduction of the victim G according to Defendant B’s proposal, and since there was no direct acquisition of the money that the above victim remitted thereafter, it did not commit a crime of fraud in collusion with Defendant B, the judgment of the court below convicting this part of the charges of fraud

B) The part of the crime of violation of Article 2 of the decision of the court below is that Defendant A was running an energy storage device business at the time of borrowing this part of the money from Victim H, and since the business was discontinued due to T which was to lend the business funds thereafter, Defendant A did not have any criminal intent to deceive the above victim or defraud the Defendant A, the judgment below which found Defendant A guilty of this part of the facts charged is erroneous and adversely affected the conclusion of the judgment by misunderstanding the facts. 2) The judgment of the court below of unfair sentencing (the crime of violation of Article 1 of the decision of the court below: imprisonment with prison labor for eight months and 2 of the decision of the court below:

B. Defendant B (unfair punishment)’s imprisonment (six months of imprisonment) is too unreasonable.

C. In full view of the following: (a) Defendant C was well aware of the fact that his mother L deposit account was used for the crime committed by Defendant A and B; (b) was in fact delivered the victim G; and (c) the victim was actually transferred to Defendant C, the prosecutor (misunderstanding of facts against Defendant C); (d) even though it could sufficiently be recognized that Defendant C conspired with Defendant A and B committed a crime, the lower court erred by misapprehending the fact that the Defendant C was acquitted, thereby adversely affecting the conclusion of the judgment.

2. Determination of misconception of facts by Defendant A and the Prosecutor

A. Defendant A’s judgment as to the part concerning the first offense in the judgment of the court below as to Defendant A’s assertion of mistake of facts.

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