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(영문) 서울동부지방법원 2017.11.17 2017노1016

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, who received money from the injured party for the purpose of investing in stocks, did not pay the principal and profit to the injured party due to failure, and did not receive money from the injured party under the pretext of purchasing and selling the stocks of the curro company, and did not receive money from the injured party. Therefore, there was a criminal intent of deception or deception

However, the court below erred by misunderstanding the fact that the court below found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of 6 months sentenced by the court below to the defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court, and the lower court found the Defendant guilty of the facts charged on the ground that, in full view of the circumstances acknowledged by the evidence duly admitted and investigated, the Defendant can be found to have obtained money from the injured party under the pretext of purchasing the shares of the company in documentary form and obtaining money from the injured party.

In light of the above evidence, a thorough examination of the circumstances presented by the court below in light of the above evidence is just in rejecting the defendant's assertion based on such circumstances and finding the defendant guilty of the facts charged in this case, and there are errors as alleged by the defendant.

subsection (b) of this section.

Ultimately, the defendant's assertion of mistake is without merit.

B. In full view of the grounds for sentencing indicated in the instant arguments and 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 grounds for sentencing alleged by the Defendant, and there are no special circumstances to change the above punishment.

In the end, it is eventually.