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(영문) 춘천지방법원 강릉지원 2016.05.26 2015노797
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant, upon delegation of the authority to sell and sell pine trees from G, concluded a contract to sell pine trees with the victim E and received the down payment accordingly, and thereafter agreed to input the down payment with the victim into another site, so the Defendant did not have any intention to obtain fraud (related to crimes 1 as indicated in the judgment of the court below). (B) The sentence of the court below (crime 1 as indicated in the judgment of the court below: imprisonment with prison labor for eight months and crimes 2 through 5 as indicated in the judgment of the court below: imprisonment with prison labor for one year and four months) is too unreasonable.

2. Determination

A. The judgment of the court below also denied the criminal intent of defraudation as above, and the court below rejected such assertion on the grounds as stated in its reasoning. Examining the above judgment of the court below in comparison with the records, the defendant had the criminal intent of deceptiveation.

In light of this part of the facts charged, the judgment of the court below which found the defendant guilty is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts (the defendant submitted in the trial of the court the evidence No. 1) in addition, a letter of public notice of the status of approval and permission for mountainous district diversion of the Gangwon-gun F, and even according to the contents of the above public notice, an agreement on conversion of the above land to mountainous district under the building report was made on September 26, 2012, which was after the crime of crimes No. 1 of the judgment of the court below, and such conclusion does not affect the above conclusion). The defendant's assertion of

B. The circumstances favorable to the defendant, such as the fact that the defendant agreed smoothly with the victim P and the fraud against the victim E, and the fact that the fraud against the victim E should be considered at the same time as the crime of fraud that has become final and conclusive in the judgment of the court below.

However, the crime of this case is that the defendant acquired money from many victims, and it is not good that the crime is committed in light of the method, etc., and the defendant was sentenced to punishment for the same crime.

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