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(영문) 수원지방법원 2016.11.30 2016노6558

사기

Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of the instant case, the Defendant did not deceive the victims because he had the right to dispose of the vehicles as the de facto owner of each of the instant vehicles at the time of the instant case, nor did he had the intent to commit fraud.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the court below rejected the assertion under the title "the determination of the defendant and his defense counsel's assertion" in the judgment of the court below, which states that the defendant and his defense counsel are the same as the grounds for appeal under this part of the judgment of the court below, and the court below rejected such assertion. In light of the records and records, a thorough examination of the judgment of the court below is justified, and there is no error of law by misunderstanding facts or by misunderstanding of legal principles which affected

B. There is a circumstance in which the equality between the case of receiving a judgment and the case of receiving a judgment is to be considered as to the assertion of unfair sentencing.

However, the crime of this case was committed by deceiving the victims as if the defendant sold a heavy vehicle and transferred its ownership, and it was not committed by deceiving the victims with a sum of KRW 110 million and KRW 119 million in total.9 million.

Even though the defendant denies the crime of this case and did not reflect his own crime until the trial of the court, the defendant did not find any material that the defendant made an effort to recover damage or made a direct repayment, even though the amount of damage is reasonable.

The age, character and conduct, environment, and crime of the defendant.