(영문) 창원지방법원 2018.04.26 2018노65 | 리걸엔진

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Reasons

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(영문) 창원지방법원 2018.04.26 2018노65

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In regard to the crime listed in the attached list Nos. 1 and 2 of the daily list of crimes as indicated in the judgment of the court below, the Defendant received money as the borrowed money from the injured party or did not receive it as the source of investment money, and there was a change in this, so the Defendant cannot be recognized as the criminal intent of deception and deception.

B) As to the crime indicated in the annexed crime list Nos. 3 through 14 in the judgment of the court below, the defendant had sufficient consultation with the victim and made an investment in high-profit profits to cover the risk of the victim's damage, which results in damage, and the defendant also has the intent to acquire the defendant, since the defendant has invested in the same manner as the victim, but suffered damage.

subsection (b) of this section.

2) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The court below rejected the Defendant’s assertion on the Defendant’s assertion of mistake as to the above part of the case, on the grounds of appeal. The court below rejected the Defendant’s assertion on the following grounds.

According to the evidence duly adopted and investigated by the court below, the judgment of the court below is just, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant.

subsection (b) of this section.

3. There is no change in circumstances that may consider the sentencing after the judgment of the court below regarding the unfair argument of sentencing by the defendant and the prosecutor, and considering the various conditions of sentencing as shown in the records and arguments of this case, even considering the circumstances asserted by the defendant and the prosecutor on the grounds of appeal, the sentence against the defendant is too heavy or too unreasonable.

4. As such, the appeal by the defendant and the prosecutor is without merit.

유사 판례

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-인천지방법원 2017.06.28 2016노5145

-대구지방법원 2016.08.10 2016노212