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(영문) 전주지방법원 2013.04.19 2012노1249

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the fine of KRW 7,00,000) declared by the public prosecutor is too unhued and unreasonable.

B. Defendant 1) In fact-finding, the Defendant merely received an order to offset the Defendant’s obligation against the outstanding amount due to the purchase price of the E farm household, which is the owner of the said company, by shipping and disposing of the said company from D, and did not have received the said chickens by deceiving the victim C, the lower court accepted this part of the facts charged and convicted the Defendant. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court of unfair sentencing is excessively unreasonable.

2. Determination

A. The judgment of the court below also made the same assertion as the grounds for appeal in this case, and the court below rejected the above argument in detail under the title "the judgment of the defendant's assertion" in the reasons for the judgment. In light of the records and thorough review of the judgment of the court below, the judgment of the court below is just, and there is no error of law of misunderstanding of facts as alleged by the defendant. Thus, the defendant's assertion of misunderstanding of facts is without merit.

B. In full view of the following circumstances: (a) the Defendant did not seriously reflect the instant crime; (b) the Defendant did not recover from damage despite the fact that the amount acquired by deception from the victim was reasonable; (c) the Defendant did not have any record of having been punished for the same crime; and (d) the Defendant did not obtain substantial benefits because he did not receive the proceeds of disposing of the instant chickens; and and (e) other circumstances constituting the conditions for sentencing as indicated in the instant case, including the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, etc., the sentence imposed by the lower