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(영문) 대구지방법원 2015.12.11 2015노4049
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant merely believed the horses of a person who has failed to obtain the name, and attempted to manage the funds, and there is no fact that the Defendant conspireds with the person who has failed to obtain the name, as stated in the judgment of the court below.

In addition, if the defendant did not know about the crime of a person who has not received his name, he is merely aware of the victim G as the accomplice of the person who has not received his name, and thereby, he cannot be recognized as the criminal intent of acquiring the relevant crime.

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

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

2. Determination

A. The court below rejected the above assertion in detail with the defendant's assertion under the title "a judgment on the defendant's and his/her defense counsel's assertion" which is the same as the grounds for appeal. In full view of the evidence duly admitted and examined by the court below, the defendant not only participated in the crime of false names in the crime of false names in collusion with the victim in the manner of managing the relevant fraud and employment fraud, etc., but also sufficiently recognizes the fact that the defendant raised a civil lawsuit against the victim G in order to conceal such participation in the crime. Thus, the court below's judgment dismissing the defendant's assertion is just and there is no error of law by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.

B. The Defendant on the assertion of unfair sentencing.

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