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(영문) 서울동부지방법원 2017.08.25 2017노886

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had committed a normal monetary transaction with the victim prior to the misunderstanding of facts. However, since the economic situation has deteriorated due to the monetary transaction in the instant case, it was only impossible to repay part of the Defendant’s obligation to the victim, there was no criminal intent of defraudation.

Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting 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. The Defendant alleged the same purport in the lower court’s judgment as to the assertion of mistake of fact, and the lower court, based on the evidence duly admitted and investigated, determined that the Defendant had the intent to commit fraud, taking into account the following circumstances in its reasoning.

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 all the charges, 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 reasoning of the instant case’s argument and the reasons for sentencing indicated in the record, the lower court’s sentencing appears to have been reasonably determined by fully taking account of all the circumstances, including the various reasons for sentencing alleged by the Defendant, and there are no special circumstances to the extent that the said sentence is modified.

Ultimately, the defendant's improper assertion of sentencing is not accepted as there is no reason.

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.