beta
(영문) 울산지방법원 2013.12.20 2013노758

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged by mistake of facts and misapprehension of legal principles regarding victim D's fraud except for the fraud committed on February 18, 201, the Defendant received money from the victim D as stated in the facts charged, but this is merely a fact that the Defendant received money from the victim D, such as the facts charged, but there was no intention of defraudation because it was merely a fact that he received money as money

B. The lower court’s sentence of unfair sentencing (the first sentence of Article 2 of the original judgment: a fine of two million won and the remainder of the crimes as indicated in the original judgment: imprisonment with prison labor for seven months) is excessively unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles also asserted the same purport as the above reasons for appeal, and the court below rejected the above argument in detail with the defendant's argument and its decision in "the judgment as to the defendant's argument". The judgment of the court below is just in comparison with the evidential materials.

Therefore, this part of the defendant's argument is without merit.

B. 1) Determination on the argument of unfair sentencing is reasonable in light of the following circumstances: (a) the Defendant’s judgment on the crime of provisional punishment of Article 2 of the judgment of the court below as to the crime of unfair sentencing as stated in the judgment of the court below does not want the punishment against the Defendant by mutual consent with the victim G; and (b) the equity in the case of concurrent judgment on the crime of embezzlement of the first head as stated in the judgment of the court below where the instant crime and the judgment of the court below became final, but such circumstances seems to have been sufficiently taken into account in the court below; and (c) there are no special changes in circumstances that could change the sentence of the court below; and (d) other all the sentencing conditions such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the Defendant’