logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.06.29 2018노168
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of fact, the Defendant did not obtain money from the victims in collusion with A, and the Defendant did not attract investment money from the victims in collusion with A in violation of the Act on the Regulation of Similar Receiving Act.

B. The sentence sentenced by the lower court (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant asserted the same as in the first instance trial, and the lower court took full account of the circumstances acknowledged by the evidence duly admitted and investigated, and the Defendant conspired with A to participate in the crime of fraud and receipt of similar facts.

The decision was determined.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In full view of the reasons for sentencing indicated in the records of the instant case’s judgment on the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various reasons for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and it is so decided as per Disposition (Provided, That pursuant to Article 25 (1) of the Rules on Criminal Procedure, ex officio is made pursuant to Article 25 (1) of the Rules on Criminal Procedure, and it is corrected to delete Article 62-2 of the Criminal Procedure Act on the 6, 7 following the 8th day of the judgment below.

arrow