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(영문) 서울중앙지방법원 2014.10.17 2014노2678
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit a crime that the first instance court found guilty, such as misconception of facts.

In the first instance, the first instance court erred by violating the Constitution, laws, orders, and rules, or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentencing of the first instance court on the unfair sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, etc., the fact that the Defendant acquired a total of KRW 18,482,500 from the victim slive Capital Co., Ltd. on six occasions as stated in the judgment of the first instance can be sufficiently recognized. The first instance court did not find any illegality that may affect the judgment by misunderstanding of facts, violation of the Constitution, law, etc., or by misunderstanding of legal principles, and thus, the Defendant’s assertion on this issue is rejected.

B. In full view of the various circumstances that are the conditions for sentencing as stated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the sentencing of the first instance court on the Defendant is too unreasonable, and therefore, the Defendant’s assertion on the unfair sentencing is not reasonable, on the ground that the sentencing of the first instance court on the Defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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