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(영문) 서울동부지방법원 2016.04.21 2015노1531
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misunderstanding the facts and misunderstanding the legal principles, received USD 125,00,000,000 from D upon receiving the request from D, and acquired KRW 100,000,000 out of the said money to K.

The defendant can bring about a net payment if he seeks money from D.

Since there is no word, there is no fact that the victim acquired the money by deceiving the victim in collusion with D, and the defendant's testimony based on this is not a false statement contrary to memory.

Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous in the misapprehension of legal principles as to public offering, which affected the conclusion of judgment.

B. The punishment sentenced by the court below to the defendant (one year and six months) is unreasonable.

2. Determination

A. The lower court also argued that the Defendant is identical to the assertion of misunderstanding of facts and misapprehension of the legal doctrine as seen above, and the lower court may recognize the fact that the Defendant, in collusion with the victim G by deceiving him as stated in the judgment of the lower court, and the Defendant’s testimony can be recognized as a false fact contrary to memory.

The defendant's argument was rejected.

Examining the evidence duly adopted and examined by the court below and the court below in light of the records, the judgment of the court below that found all of the facts charged of this case guilty is justifiable. Thus, this part of the defendant's assertion is without merit.

B. Examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive for committing an offense and circumstances that are favorable to the Defendant, and there is no change of circumstances after the judgment of the court below, as well as the Defendant’s age, sex, environment, motive for committing an offense and circumstances after committing an offense, the court below’s sentence against the Defendant is sentenced.

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