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(영문) 울산지방법원 2017.01.20 2016노1258
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case of the crimes indicated in No. 11 and No. 13 of the List of Crimes that are erroneous in facts, the injured party is only responsible for the defendant for gambling, not for the borrowed money from the injured party. Therefore, the judgment of the court below that found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts.

B. The sentence of the lower court’s improper sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged based on the evidence duly adopted and examined by the court below and the court below. ① The victim made a consistent statement from the investigative agency to the court below. The victim does not appear to have any special circumstance to suspect the credibility of the statement made in the court below. ② The defendant argued that the victim did not receive 24.1 million won of the relevant amount from the investigative agency to the court below in relation to the crime No. 11 of the crime list No. 11 (the crime No. 11). (2) The defendant did not receive 24.1 million won of the relevant amount from the victim from the investigative agency to the court below (the evidence record of the police interrogation protocol No. 13, Nov. 13, 2015; No. 232 of the evidence evidence of the suspect interrogation protocol of the prosecution; No. 21th of the court below's second trial records); the defendant's second trial record No. 13 of the list of crimes, which was not accepted by the court below, was changed to the court below's judgment's reasoning and evidence No. 3.

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