(영문) 수원지방법원 2018.10.11 2018노5034 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2018.10.11 2018노5034

사기등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the theft against the victim U.S., the defendant had no forged credit card presented by the defendant to settle the gold gal, but with the above gold gal as it is in the store, it is found that there is a false credit card fraud under the circumstances where the above gold gal is located in the store, and there was no theft of the above gold gal.

B. The punishment sentenced by the court below against the defendant (the imprisonment of three years, No. 11, No. 13) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, namely, the victim U, in consistent with the investigative agency and the court of the lower court’s trial, had the message “the telephone network,” and the message “the telephone network,” attempted to pay the amount, and the Defendant would pay the amount by another card.

At the same time, the card was deducted from A, and the escape was about to be taken back from the back.

Therefore, it is confirmed that the chain of the above gold gal exists according to the investigation report on the request for genetic identification of the above gold gal, taking into account the fact that the victim's situation corresponds to the victim's statement, the defendant was stolen by wearing the gold gal, such as this part of the facts charged, in full view of the following: (a) the defendant, who had fled, fledd the defendant; (b) the other person's male galth of the other person; (c) the defendant galth of the other person who had fled galth; (d) the galth of the defendant galth of the defendant; (e) the galth of the defendant galth of the defendant galth; (e) the galth of the defendant galth of the defendant galth of the defendant;

Therefore, the defendant's and defense counsel's mistake is without merit.

B. The conditions of sentencing do not change compared to the first instance court’s determination on the unfair argument of sentencing, and the first instance sentencing is at the discretion.

유사 판례

-부산지방법원 2017.08.18 2017고합131 (1)

-부산지방법원동부지원 2017.05.16 2015가단217432

-광주지방법원 2017.07.06 2016노3654

-광주지방법원 2017.09.20 2017노2595

-전주지방법원 2018.02.21 2017노1605