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(영문) 서울중앙지방법원 2020.11.13 2020노2407
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles and unreasonable sentencing)

A. The judgment of the court below which found the defendant guilty of the facts charged in spite of the fact that the defendant did not deceiving the victims, there was no causation between the defendant's deception and the dispositive act of the victim V, and there was a defendant's ability to repay and intent to repay, and therefore there was an error of mistake of facts or misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. The court below made a mistake of facts and misunderstanding of legal principles in the court below's assertion identical to the above assertion, and explained in detail the grounds for the judgment on the defendant's assertion in "(2020 order 1361)". The court below's decision is justified and it is not recognized that there was an error of mistake of facts or misunderstanding of legal principles as argued by the defendant.

Therefore, the defendant's above assertion is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the original judgment on the grounds of unfair sentencing and the sentencing of the original court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Furthermore, in full view of the circumstances revealed in the grounds of sentencing and the circumstances indicated in the records, such as the Defendant’s age, character and conduct, environment, and circumstances after crimes, the lower court’s punishment is too unreasonable, as it goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so ordered as per Disposition.

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