beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) asserted in the lower court’s reasoning of appeal on September 17, 2018 and September 27, 2018 that the Defendant unfairly infringed on the Defendant’s right to a participatory trial at the lower court’s trial. However, the Defendant appealed on the first trial date of the first instance trial, and even ex officio there is no reason.
On March 19, 2010, the Defendant deposited the amount of KRW 60 million in the FMA account under the name of the Defendant at C Da branch of C Da, and then deposited the amount of KRW 60 million in the FMA account under the name of the Defendant, and upon the Defendant’s withdrawal of KRW 60 million from the FMA account at his own discretion, the Defendant again deposited the amount of KRW 51 million, which is part of the above KRW 60 million, into the FMA account under the name of the Defendant. As such, the Defendant was unaware of the Defendant.
It can not be seen, and the defendant is not allowed to have intention without intention.
2. The lower court also asserted that the Defendant is identical to the assertion of mistake of the above facts (Provided, That the Defendant was returned from I on September 17, 2018 and on September 27, 2018, by the reason for appeal filed by the Defendant.
In light of the evidence duly adopted and investigated, the court below rejected the above assertion by the defendant, after making a detailed statement of its determination on the amount claimed as KRW 49 million and KRW 51 million.0 million. The court below rejected the defendant's assertion that the defendant had intention to commit an act without doubt as stated in the facts charged in this case. In light of the court below's determination in light of the evidence duly adopted and investigated, the judgment of the court below is justified, and the defendant's assertion of mistake of facts is without merit.
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. It is so decided as per Disposition.