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(영문) 부산지방법원 2017.07.07 2017노459
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no intention or ability to promote the project of this case by deceiving the victims, the court below convicted him of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by stating in detail the defendant's assertion and its decision under the title "decision on the defendant's assertion" as the grounds for appeal of this case at the court below, on the ground that the defendant made a mistake of facts or misapprehension of legal principles, and the court below erred in the misapprehension of legal principles as argued by the defendant, which affected the conclusion of the judgment by misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

subsection (b) of this section.

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

B. It is recognized that KRW 60 million has been paid as a contract deposit for technical services, out of the amount obtained by deceitation of judgment on the illegal allegation of sentencing.

However, the defendant did not seem to have an attitude against the defendant while denying the crime, there was a history of fine and a punishment for suspended execution, among them, there was a history of punishment for the same crime, and the amount of defraudation exceeds 199 million won in total. Nevertheless, the damage was not recovered, the victims did not agree with the court below, there was no change of circumstances that could otherwise determine the defendant's age, sex, environment, motive, means and consequence of each of the crimes in this case, and the circumstances after the crime, etc., it is recognized that the court below's punishment is too unreasonable, considering all of the sentencing conditions in the argument in this case, such as the defendant's age, sex, environment, and motive, means and consequence of each of the crimes in this case.

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