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(영문) 서울남부지방법원 2015.09.18 2015노940
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. When the Seoul Southern District Court rendered judgment of mistake of facts, the crime in the Seoul Southern District Court 2014Kadan1423 case, and the crime in the case in the 2014 Godan5079 case was not committed against the victim S among the crimes in the same court. The crime in the case in the 2014 Godan3318 case in the same court is not solely committed by the defendant, but jointly committed with K and Y.

B. In light of the circumstances, such as the fact that the defendant is against unreasonable sentencing and partial damage was recovered, the punishment of imprisonment with prison labor for one year and eight months and one year imprisonment sentenced by the court below is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court first of all, and in particular, the confessions, etc. in the original trial court, the Defendant’s allegation in this part is without merit, since all of the crimes committed in the Seoul Southern District Court 2014Kadan1423 case among the crimes committed in the original trial, and the crimes committed in the 2014 Godan5079 case committed in the same court.

In addition, in full view of the evidence duly adopted and examined by the court below, even though the defendant was found to have borrowed money from the victim L, N, and P in collaboration with K, K, and Y, it is not recognized that K and Y conspireded to acquire money from the victims, and even if K and Y remitted money from the victims to the defendant, it is recognized that the defendant did not deliver most of the amount to the victims, and therefore, K and Y conspired to acquire money from the defendant and the victims.

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

B. On October 20, 201, the Defendant was sentenced to a suspended sentence of three years for fraud at the Seoul Southern District Court on January 20, 201 and on January 13, 201, and the judgment became final and conclusive on January 13, 2012. The lower court, which sentenced the Defendant’s imprisonment with labor and eight years, was all the crimes under the suspended sentence.

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