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(영문) 인천지방법원 2016.12.21 2016노2708
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. With regard to the fraud against the victim J of mistake of facts, the victim J was already aware of the existence of a contract between the defendant and Q at the time of the contract, and the scrap, which was promised to the wind supply contract between the defendant and Q, was not supplied to J but did not deceiving the victim J.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below, the defendant argued that the above part of the appeal is the same as the reasons for appeal, and the court below rejected this decision, and in comparison with the records, the judgment of the court below is justified, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the above defendant.

B. If there is no change in circumstances that may consider the sentencing after the judgment of the court below on the assertion of unfair sentencing, and considering various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable even considering the circumstances alleged by the defendant as the grounds for appeal.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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