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(영문) 서울중앙지방법원 2016.03.17 2015노3343
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) lent the name of the corporate body C, a representative director, to the victim H; and (b) received KRW 50 million from the victim for the joint use of the number of K Building 712 and 713, a defendant’s office; and (c) did not deceiving the victim as stated in the facts charged.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the lower court’s determination that recognized the credibility of each legal statement of H, G, and F, which corresponds to the facts charged in the instant case, is insufficient and acceptable, as long as it followed the lower court’s determination that corresponds to the facts charged in the instant case.

It is difficult to see that the court below's judgment of guilty as to the facts charged in this case is just and acceptable.

Therefore, the lower court erred by misapprehending the facts as alleged by the Defendant.

Therefore, this part of the defendant's assertion cannot be accepted.

B. Although there are extenuating circumstances such as the fact that the defendant has old age and health status as to the unfair argument of sentencing, the court below seems to have determined the punishment in consideration of all the above circumstances, there are no circumstances to change the punishment in the court below, while the defendant has been subject to punishment six times due to fraud, in particular, the defendant committed the crime of fraud in this case at the same time during the repeated crime period due to fraud, the damage has not been recovered, and the scope of the recommended punishment (one to two years and six months) according to the sentencing guidelines of the Supreme Court / [decision of types] types 1 (one to one hundred million won) [the person subject to special aggravated punishment] of the same type of repeated crime [decision of the recommended area] [the person subject to aggravated punishment]: imprisonment for a year to two years and six months, and the amount of fraud, etc., the court below determined the punishment within a reasonable and appropriate scope.

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