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(영문) 서울남부지방법원 2018.01.26 2017노94
변호사법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding, misunderstanding of the legal principles (as to the part of fraud), the Defendant made an endeavor to have the victims receive a visa as requested by the victims, and did not have any result of the desire, and thus, the Defendant did not deceiving the victims and did not have any intent to commit the crime of deception.

B. The punishment sentenced by the lower court (one year and four months of imprisonment, additional collection) is too unreasonable.

3. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court, and the lower court, based on the evidence duly admitted and investigated by the lower court, in the latter part of the “a summary of evidence” part of the “a summary of evidence,” i.e., the following circumstances acknowledged by the lower court, i.e., (i) even those victims may acquire permanent sovereignty and extend visa despite being aware of the fact

In full view of the facts stated in the judgment below, the defendant's assertion was rejected on the ground that it is difficult for the defendant to return a large amount of expenses due to the absence of the victim's extension of expenses to others, but the defendant received expenses as shown in the crime list (2) of annexed crimes in the court below, and used them for the return of expenses to others. ③ The defendant requested the return of expenses due to the victims' extension of expenses, acquisition of permanent sovereignty, etc., which the victims wanted, did not have to be returned, and he received money and valuables continuously due to the extension of expenses, etc. even in such circumstances.

Examining the above judgment of the court below in a thorough manner with the records, it is sufficiently acceptable, and the evidence additionally submitted in the trial is also added.

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