beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In determining the facts, the lower court erred by misapprehending the fact that the Defendant issued a certificate of deposit with a face value of 50 million won to E, who is not the victim D, and received KRW 40 million from such issuance, and that the above certificate of deposit was not forged (the copy of the certificate of deposit submitted by the Prosecutor’s Office to be forged is different from that of the Defendant’s delivery to E, and the Defendant has not yet received a return from E), and thereby, convicted the Defendant of fraud.
B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the evidence and records duly adopted and examined by the court below as to the assertion of mistake of facts, the following circumstances are revealed: ① the victim D has consistently received the certificate of deposit from the defendant and stated that the defendant paid money directly to the defendant; ② the defendant voluntarily received money from D in the presence of the investigative agency and delivered the certificate of deposit in the face value of 50 billion won to D and returned it to the defendant ( knowing that it was forged) with the knowledge that the defendant could not utilize the certificate of deposit in the face value of 50 billion won (in the face of investigation record 38), ③ the receipt of the certificate of deposit in the face value of 50 million won in the face value in the light of social norms is very exceptional, and ④ the defendant has failed to properly express the source of the certificate of deposit; thus, the defendant's statement of the victim D is judged to be more reliable than the statement of the defendant; and the defendant's assertion in this part of the facts charged is justified.
B. The punishment for the instant crime is determined on the assertion of unfair sentencing, and the judgment has already become final and conclusive.