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(영문) 대전지방법원 2018.05.10 2017노2722

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) Even if the victim C’s statement is excluded from misunderstanding of facts, the point of embezzlement against C is sufficiently proven.

However, since the court below pronounced not guilty of embezzlement against C, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment with prison labor and two months of imprisonment with prison labor with prison labor for each of the crimes of the 2017 highest order and the 1221 highest order and each of the crimes of the 2017 highest order and the 2017 highest order and the 1382 higher order as indicated in the holding) is deemed unfair.

B. Defendant: The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. In other words, the witness AV of the lower court, which is the following circumstances acknowledged by the record as follows, which are: “The Defendant received ten points of curios from C as collateral,” and later, sent money to C, first of all, to C in return for the payment of money.”

"The defendant who received 10 points of curios from C is merely a security and is not entrusted with sale."

In full view of the facts stated to the purport that “,” the evidence submitted by the Prosecutor alone is insufficient to recognize this part of the facts charged.

The judgment of the court below is just, and there is no error of mistake as to the facts alleged by the prosecutor.

B. The lower court’s judgment on the wrongful assertion of sentencing is not acknowledged to be unfair on the ground that the lower court’s punishment is too heavy or unfilled in light of the weight of the above amount in the total amount of damage even when considering the fact that the Defendant agreed with the victimN in the appellate court, taking into account the overall circumstances regarding the sentencing of the Defendant.

3. Thus, the appeal by the defendant and the prosecutor is without merit.