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(영문) 서울중앙지방법원 2019.06.21 2019노1225

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) As to the fraud against the victim K, 8.35 million won that the Defendant received from the victim is the money voluntarily paid by the victim, and there is no fact that the Defendant, in collusion with the victim as stated in this part of the facts charged, deceivings the victim and defrauds the victim KRW 61 million. 2) In relation to the fraud against the victim AC, the Defendant merely received KRW 100 million from the victim as the Defendant did, and did not deceive the victim through A and AB as described in this part of the facts charged, and there is no fact that the Defendant received KRW 20 million from the above KRW 100 million (the attempted part of the fraud) through A and AB as stated in this part of the facts charged, and there is no profit that the Defendant acquired because the other money was used in accordance with AA’s instructions.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. In full view of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant conspireds with B as stated in the facts constituting the crime in the lower judgment, by deceiving the victim K and by deceiving the victim AC, by deceiving the victim AC, and by deceiving the victim, and by deceiving the victim KRW 80 million, the Defendant is sufficiently aware of the fact that he/she committed the attempted crime and by deceiving the victim KRW 20 million.

The defendant's assertion of mistake is without merit.

3. It does not seem that new circumstances or special changes are likely to be reflected in sentencing after the judgment of the court below on the assertion of unfair sentencing is rendered. Furthermore, even if the court below comprehensively takes into account the circumstances and various conditions of sentencing stated in the grounds of sentencing and the records, it cannot be deemed that the court below’s sentence is excessively heavy beyond the reasonable limit

The defendant's assertion of unfair sentencing is without merit.

4. In accordance with Article 25(1) of the Regulations on Criminal Procedure, the written judgment of the court below shall be corrected as follows:

The 7th page of the judgment of the court below is the Criminal Code.