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(영문) 서울중앙지방법원 2017.07.20 2017노1630
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of this part of the facts charged even though the Defendant did not have any criminal intent or deception because the Defendant did not know of the fact that there was a lubiation, which was provided as security to the victim F by the victim F. It was erroneous in the misapprehension of facts.

The punishment sentenced by the court below is too heavy.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too minor.

2. Determination

A. The judgment of the court below as to the Defendant’s misunderstanding of the facts regarding the Defendant’s fraud against the Victim F, also argued the same as the grounds for appeal in this part, and the court below acknowledged the Defendant’s fraud and deception on the grounds as stated in its reasoning.

When examining the reasoning of the court below closely with the records of this case, it appears that the judgment of the court below is proper, and the defendant's assertion of misunderstanding the facts against this is without merit.

B. In light of all the sentencing conditions stated in the records of the instant case, including the Defendant’s age, sex, environment, and circumstances before and after the commission of the crime, there is no change of circumstances as to the unfavorable or unfavorable sentencing conditions set forth by the lower court regarding the Defendant’s and the Prosecutor’s unfair argument of sentencing, the sentence that the lower court rendered seems appropriate

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in entirety on the grounds of merit.

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