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(영문) 서울중앙지방법원 2020.12.04 2020노2816
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not have the intention to acquire by deception.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination:

A. The Defendant, in the lower court’s determination of mistake, made the same assertion as that of this part of the grounds for appeal, and the lower court rejected the Defendant’s allegation and its decision in detail.

Examining records in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just, and the defendant's assertion of mistake of facts is without merit.

B. In light of the fact that there is no new circumstances or special changes in circumstances that may be reflected in the sentencing in the judgment of the court of unfair sentencing, and the Defendant did not properly proceed with the investment projects recommended by the victim, and used most of the money acquired by the victim for personal purposes, but rather did not have any opening and efforts to recover damage, such as misunderstanding the victim’s failure of business, and lacks efforts to recover damage. Furthermore, considering the circumstances and various sentencing conditions stated in the court below’s reasons for sentencing as a whole, the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion, and thus, the Defendant’s assertion of unfair sentencing is without merit.

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

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