(영문) 서울남부지방법원 2014.02.13 2013노2075

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(영문) 서울남부지방법원 2014.02.13 2013노2075

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant cannot be deemed to have committed the crime of defraudation against the Defendant on the ground that he had an intention or ability to neglect the guidance to the members as a leading subject of the 40 foot No. 40 million won book.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's sentence (10 months of imprisonment) declared by the defendant is too unreasonable.

2. Determination

A. In a thorough examination of the evidence duly adopted and examined by the court below and the reasons for the judgment of the court below on the assertion of mistake of facts, the court below is justified in finding guilty of the facts charged in this case on the grounds as stated in its reasoning, and there is no error of law by misunderstanding the facts as alleged by the defendant and his defense counsel, which affected the conclusion of the judgment.

Therefore, the defendant and his defense counsel's misconception of facts is without merit.

B. Even though the amount obtained by the Defendant regarding the assertion of unfair sentencing is about KRW 100 million, it is not sufficient to reach an agreement with the victims because it was not completely recovered from damage to the victims, and there is no special circumstance or change in circumstances that may be considered newly after the issuance of the judgment of the court below. In full view of other various circumstances, including the Defendant’s character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions specified in the present arguments and records, it is not recognized that the Defendant has no criminal power, even if considering that the Defendant has an old age, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant and his defense counsel.

유사 판례

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