(영문) 서울동부지방법원 2017.01.13 2016노1745

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(영문) 서울동부지방법원 2017.01.13 2016노1745

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime No. 4 of the lower judgment’s decision, the Defendant merely borrowed money from AA and repaid such money, and the Defendant did not deception X as stated in the lower court’s decision and borrowed money, but the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. Illegal sentencing (two years of imprisonment with prison labor and six months of imprisonment with prison labor for the crimes of No. 1 through No. 3 of the judgment of the court below) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below, such as the statement in the AA and X court's judgment on the assertion of misunderstanding of facts, it can be sufficiently recognized that the defendant acquired the money by means of false statements to X other than A as stated in the court below's decision, so the defendant's assertion of misunderstanding of facts is without merit.

B. In the case of the crime of fraud or embezzlement, the criminal defendant has been punished several times for more severe punishment for the crime of fraud or embezzlement, in particular, it constitutes a repeated crime due to the same crime; in the case of the crime of the crime of the crime of the crime of the same kind 1 through 3 of the judgment, the crime of forgery of documents for the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime, the damage amount exceeds 10 million won, the damage amount has not been recovered most; in the case of the crime of the crime of the No. 4 of the judgment, the defendant did not have any attitude to deny the crime; the damage has not been recovered; and the damage has not been recovered; and all the various sentencing conditions

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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