사기
The defendant's appeal is dismissed.
An application for remedy order shall be dismissed by an applicant for remedy order.
1. Summary of grounds for appeal;
A. The statement made by the victim to the effect that the defendant misleads the victim of the fact or misleads the victim of the legal principles cannot be trusted.
In fact, the victim has lent money to the defendant to receive a high interest on the second part of a month, and it is not a delivery of money by deceiving the victim with the intention of deceiving the defendant.
B. The sentence sentenced by the lower court is too unreasonable.
2. Determination
A. The lower court determined that the victim’s legal statement is consistent, specific, and the victim’s attitude of statement, etc. in determining the misunderstanding of facts or misapprehension of the legal doctrine.
It is difficult to view that the judgment of the court below is unfair solely on the grounds alleged by the defendant in the appellate trial.
According to the evidence duly adopted and examined by this court, including the statement of the victim recognized as credibility, it is recognized that the defendant had taken money by deceiving the victim with the criminal intent of deceiving the victim.
We do not accept the Defendant’s factual mistake or misapprehension of legal principles.
B. In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if considering all the circumstances asserted by the Defendant on the grounds of appeal, including the M’s written statement submitted in the appellate court’s judgment regarding the unfair argument of sentencing.
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.
C’s application for compensation order in the appellate trial consists of two parts after the conclusion of pleadings, and C is not permitted to file an application for compensation with the lower court, and C is not permitted to file an identical application for compensation with the lower court. Therefore, it is subject to the order to dismiss the application in accordance with Article 32(1)1 and Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.