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(영문) 의정부지방법원 2017.09.06 2017노28
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below's judgment that found the Defendants guilty of the facts charged of this case without deceiving the victim and with no intent to commit the crime by deception was erroneous, which affected the conclusion of the judgment by misunderstanding the facts.

B. The punishment sentenced by the lower court (a fine of KRW 500,000 for each of the Defendants) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendants asserted that the reasoning of the above appeal is identical to the assertion of mistake of facts.

In light of the circumstances stated in its holding, the lower court found the Defendants guilty of the facts charged of this case and rejected the Defendants’ assertion.

Examining the judgment of the court below closely and closely with the evidence, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and acceptable, and there are errors in the misapprehension of facts as alleged by the defendants.

shall not be deemed to exist.

The Defendants’ assertion of mistake in the above facts is without merit.

B. In full view of the circumstances that the lower court rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, the lower court’s respective sentence that the Defendants declared against the Defendants is deemed appropriate, and thus, cannot be deemed unfair, and there are no other special circumstances to the extent that they change the above punishment. Therefore, the Defendants’ allegation of the above unfair sentencing is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.

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