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(영문) 서울동부지방법원 2017.09.29 2017노650
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, as stated in the instant facts charged, did not deceiving the victims and did not intend to commit the crime by deception, the lower court erred by misapprehending the facts charged against the Defendant and thereby adversely affecting the conclusion of the judgment.

B. In light of the various sentencing conditions of this case’s sentencing unfair, the lower court’s punishment of 9 years of imprisonment, which the lower court decided against the Defendant, is too unreasonable.

2. Determination

A. In light of the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, since each statement by the victims who correspond to the facts charged against the defendant has credibility in light of the relevant circumstances, the defendant can sufficiently recognize the facts of deceiving the victims as stated in the facts charged in this case, and the intent of defraudation is recognized.

Therefore, the defendant's assertion of facts is without merit.

B. In full view of the circumstances such as the fact that the victim is a majority and the amount of damage exceeds a total of 2.4 billion won, the victims have not recovered from damage even after the lapse of a large period of time, the victims have the ability to punish the defendant for the same kind of crime, the victims have been punished several times due to the same crime, and the degree of reflection cannot be seen, the lower court sentenced the defendant to a punishment for nine years.

In full view of the above circumstances and other arguments and records, the sentencing of the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the Defendant, and there are no special circumstances to the extent that the above punishment is modified.

Ultimately, we do not accept the defendant's unfair argument of sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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