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(영문) 의정부지방법원 2016.11.22 2016노2682

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant misrepresented the money from the victim H, M, and N by misrepresenting the Cheongdae-Jasty fire.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts is sufficiently recognized in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, that is, the victims have consistently made a statement that the defendant acquired money by misrepresenting the money (see Articles 175, 304, 305, and 679 of the Investigation Records), and that the defendant also recognized that the defendant misrepresented the Cheongdae-man to the Cheongdae-man, as stated in the facts charged in the judgment of the court below, in light of the fact that the court below recognized that the defendant misrepresented the Cheong-man to the Cheong-man, M, and N. Accordingly, the above assertion of mistake of facts is without merit.

B. Determination on the argument of unfair sentencing is acknowledged as follows: (i) the Defendant has led to a partial crime; (ii) there is no criminal record of the same kind; and (iii) there is an agreement with the victim C in the trial; (iv) however, considering the following circumstances, the lower court’s punishment is too unreasonable even if the circumstances favorable to the Defendant were considered in light of the aforementioned circumstances, such as the Defendant’s age, circumstances leading up to the crime, and circumstances after the crime, etc., by deceiving money from many victims; (v) the amount of damage incurred from the instant crime exceeds KRW 100 million; (v) the amount of damage incurred from the instant crime exceeds KRW 100 million; (v) the victim C was not agreed with the victims other than the victims; and (v) the victim C was not recovered from damage; and (v) the Defendant did not misrepresent the UN refugee Ambassador at the lower court; and (v) other various circumstances that are favorable to the Defendant.

3. Accordingly,.