사기등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Regarding the fraud of the victim V and Z, the above victims purchased a vehicle from the defendant with the knowledge that the defendant would sell the vehicle by her own name, so the defendant did not deceiving the victims as if he sold a normal vehicle by which the name can be transferred as shown in the facts charged.
Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.
B. In light of the various sentencing conditions of this case, the sentence that the court below sentenced against the defendant (the crime No. 2 of this case: imprisonment with prison labor for 2 months, 1, 3 or 9 of the judgment: imprisonment with prison labor for 1 year and 6 months) is too unreasonable.
2. Determination
A. In light of the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, each statement of V, Z and X, consistent with the facts charged, has credibility in light of the relevant circumstances, and the statement of the witness AC of the first instance trial alone is insufficient to reverse the determination of guilt.
Ultimately, the lower court’s determination is justifiable, and the Defendant’s assertion of mistake is without merit.
B. In full view of the instant arguments and the reasons for sentencing indicated in the records, the lower court’s sentencing on the Defendant appears to have been appropriately determined by fully taking account of all the circumstances, including the various reasons for sentencing alleged by the Defendant. Although an additional agreement was reached with AD in the first instance trial, it is difficult to view that the said sentence was changed to the extent of changing the said circumstances.
Ultimately, we do not accept the defendant's unfair argument of sentencing.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.