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(영문) 서울서부지방법원 2017.11.30 2017노308

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant was paid a total of KRW 27,390,000 from the victim D, but there was no fact that the Defendant committed deception, such as the facts constituting the crime in the judgment below, to the victim D.

(2) The Defendant received KRW 230 million from a related party G with a chain, but only received a donation rather than borrowed money. As such, as stated in the facts constituting an offense in the lower judgment, there was no fact of deceiving the victim G by deceiving him/her, or of deceiving him/her from the victim G.

B. The sentence of the lower court’s unfair sentencing (an offense No. 2 of the 2016 Highest 1442 and the 2637 Highest 2016 Highest 2: Imprisonment with prison labor for one year and two months, and a crime No. 1 of the 2637 Highest 2: imprisonment with prison labor for one year and six months) is too unreasonable.

2. Determination

A. The Defendant made the same assertion in the lower court’s judgment as to the assertion of mistake of facts, and the lower court rejected the assertion in detail by stating the judgment in detail.

Examining the judgment of the court below in comparison with the records, the judgment of the court below is justifiable.

Therefore, the defendant's assertion of facts is without merit.

B. It is recognized that some of the instant crimes and the crime of giving bribe which became final and conclusive in the judgment of the court below should be considered at the same time when the judgment of the court below is rendered.

However, the crime of this case is committed while the defendant does not return to the military after being released from the military after being sentenced to suspension of execution, and is committed as if he were living together with the victims, and is extremely poor in the quality of the crime by receiving money from the victims, and has been punished several times due to the same crime, even though there was a history of being punished several times due to the same crime, the defendant did not object to his mistake while denying a part of the crime, and rather, the victims suffered another injury by threatening the victims or filing a complaint for the crime without prejudice, and the damage was not completely recovered, and the damage was recovered.