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(영문) 광주지방법원 2018.10.16 2018노832
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of suspended sentence for two years of imprisonment) is too unreasonable (the Defendant’s defense counsel filed a petition of appeal stating the content of the appeal, and the receipt of the record of trial on March 16, 2018 to the Defendant was not submitted until the date of appeal, since the Defendant’s defense counsel rendered an excessive sentence due to mistake of facts and misjudgmenting the facts. As such, the Defendant’s defense counsel filed a petition of appeal on March 2, 2018 on the grounds of mistake of facts and unfair sentencing.

In this regard, the assertion that the fact is erroneous as stated in the petition of appeal cannot be a legitimate ground for appeal because it alone does not know the specific grounds for misconception of the facts. Therefore, it is examined only for the wrongful argument of sentencing.

Furthermore, even if the appellate court’s argument that the facts were erroneous is included in the scope of inquiry, a thorough examination of the evidence duly adopted and examined by the lower court compared with the evidence, the lower court’s conclusion that the lower court convicted the Defendant of the facts charged is justifiable, and contrary to what

2. The lower court’s judgment should have taken account of equity in cases where the Defendant was rendered a judgment at the same time with the victims (a final judgment on October 21, 2015 and a crime of fraud, etc. that became final and conclusive on June 13, 2017) of the crime for which the judgment became final and conclusive.

However, the crime of this case is not a good crime because the defendant acquired a large amount of money that reaches about 440 million won in total from 16 victims.

The defendant has been punished by a fine for the same kind of crime in 2013.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances, including the following circumstances, the Defendant’s age, sex, environment, circumstances leading up to the crime, and circumstances after the crime, as shown in the instant records and arguments.

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