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(영문) 전주지방법원 2019.05.22 2019노202
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The defendant voluntarily stated the name of C and D in the column of the joint and several surety of the borrowed deed and delivered it to the victim. However, since the victim B was aware of such circumstances, it cannot be deemed that the above investigation document was used, and considering the fact that the defendant subsequently repaid the amount borrowed to the victim, it is difficult to deem the defendant to have the intention of fraud. 2) The defendant was sentenced to imprisonment with labor for one year at the Jeonju District Court on May 25, 2018 and the judgment became final and conclusive on June 2, 2018 at the Jeonju District Court on June 2, 2018. Since the part concerning B among the above fraud for which the judgment became final and conclusive (2017Gadan832) relating to the crime in this case, the judgment dismissing the charges in this case shall be sentenced

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

2. Determination

A. 1) Determination on the assertion of mistake of facts and misapprehension of legal principles did not use the above investigation document, and the defendant did not have any intention to commit fraud at the court below's ruling, and the court below rejected the above assertion in detail by giving a detailed explanation of the judgment on the above argument under subparagraph 2 of "the defendant's assertion and judgment on it" in the judgment. In comparison with the above judgment of the court below, the judgment of the court below is just and it is not erroneous in matters of mistake of facts or misapprehension of legal principles. This part of the judgment of the court below is without merit, and there is no error in matters of law in misunderstanding of facts or misapprehension of legal principles. 2) Determination on the argument that this part of the defendant's argument constitutes a single comprehensive crime. Of the criminal records of the judgment of the court below for which the judgment became final and conclusive, the judgment of the court below is 2017DaMa832, 2017Da

The victim of the instant crime of fraud is the same.

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