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(영문) 대구지방법원 2016.09.07 2016노659
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant did not receive money from the victim with the intent to obtain money by deception, the court below found all of the charges of this case guilty. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of imprisonment for a six-month grace period, two-month community service hours, 80 hours) is too unreasonable.

2. Determination

A. The court below rejected the defendant's argument in detail under the title of "the judgment on the criminal intent of taking advantage of letter" in the judgment of the court below, which states that the defendant's assertion of mistake is the same as the grounds for appeal of this case, and the court below stated in detail the judgment of the court below. In addition, in comparison with the records, it is reasonable to view that the defendant has the criminal intent of taking fraud as well as the cost of construction of piracy factory for the purpose of export of piracy as long as the defendant did not have the intent or ability to supply piracy to the victim, as stated in the judgment of the court below. The contents of the defendant's statement made by the witness M of the party hearing witness do not interfere with recognizing the defendant's criminal intent of taking advantage of the fact that it is difficult to recognize the value of evidence as the content of most of the statement made by the defendant or I because it is difficult to recognize that there is a criminal intention of taking advantage of the fact

Therefore, the defendant's above assertion is without merit.

B. The defendant's decision on the argument of unfair sentencing is recognized as having paid damages and agreed with the victim.

However, the defendant did not seem to have a genuine attitude while denying the crime, and not only has been punished three times by the fine due to the crime, but also has been punished one time by the fine due to the same crime, and the amount of damage.

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