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(영문) 수원지방법원 2015.07.24 2015노2645
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the fraud part 1-A(A) in the original judgment), the Defendant entered into a human supply contract with the victim F is J, and the Defendant merely introduces two documents. As such, there is no fact that the Defendant deceiving F as stated in this part of the facts charged, thereby deceiving the proceeds of the goods.

B. The sentence imposed by the court below on the defendant (4 months of imprisonment with prison labor for the crime No. 1-A of the original decision, 1-b of the first decision of the court below, and 2 months of imprisonment with prison labor for each crime of No. 2 of the second decision) is too unreasonable.

2. Determination

A. The defendant argued that the above assertion of mistake is identical to the above argument of mistake of fact, and the court below rejected the above argument in detail by stating the judgment in detail. In light of the evidence duly adopted and examined by the court below, the judgment of the court below is just, and the defendant's statement of the copy of the statement of passbook transaction submitted by T to the court below is insufficient to reverse the above judgment of the court below. Thus, the defendant's assertion of mistake of fact is

B. Although the Defendant agreed to the victim N of the crime of fraud in Article 2 of the judgment of the court below in the judgment of the court below, the Defendant did not recover from damage to the victim F until the trial of the court below, the Defendant had a significant record of criminal punishment in the past, and the Defendant had escaped for a long time prior to the date of the judgment of the court below, taking into account the motive and background of the crime of this case, circumstances after the crime of this case, Defendant’s age, character and conduct, environment, etc., and other various circumstances, which are the conditions of sentencing as indicated in the records and arguments of this case, it is not determined that the Defendant

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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