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(영문) 서울중앙지방법원 2018.05.24 2017노4878

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted all of the facts charged of this case that the defendant accepted only the victim D and F's unilateral assertion, and the defendant took 110 million won from the victim D, and the victim F took 54,000 shares (the amount of shares: 177,940,000 shares) used for the victim F. The judgment of the court below which convicted all of the facts charged of this case by misunderstanding facts or misunderstanding legal principles, which affected the conclusion of the judgment.

B. In light of the various circumstances of this case’s sentencing unfair, the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted as misunderstanding of the above facts or misunderstanding of the legal principles, and the lower court rejected the above assertion in detail and convicted all the facts charged.

In light of the evidence duly admitted and examined by the court below, the judgment of the court below is just, and the defendant's misunderstanding of the above facts or misapprehension of the legal principles is without merit.

B. Although there are extenuating circumstances such as the Defendant’s primary offender, the Defendant did not agree with the victims even though the amount of money obtained by deception or the value of shares is a large amount of value of the stocks, the victims wanted to be punished, denied the crime up to the trial, and other various circumstances that are the conditions for sentencing specified in the records and arguments of this case, including the Defendant’s age, sexual conduct, family relationship, occupation, etc., the sentence imposed by the lower court appears to be appropriate, and therefore, there is no reason to believe the Defendant’s unjust assertion of the above sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.