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(영문) 서울중앙지방법원 2017.08.31 2017노2376
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles, and improper sentencing) of the defendant did not have a duty to pay daily allowances to the victim, and the defendant was also unable to pay transportation expenses, etc. to the victim because he did not receive the construction payment from the subcontractor. Thus, the judgment below which recognized the facts charged in this case in the absence of the defendant's deception by deceiving the victim, thereby making a mistake of facts

The punishment sentenced by the court below is too heavy.

2. Determination

A. The Defendant asserted that there was a mistake of facts and misapprehension of the legal doctrine in the lower court’s judgment, and the lower court rejected the Defendant’s assertion on the grounds indicated in the item “Judgment on the Defendant and the defense counsel’s assertion.”

When examining the reasoning of the court below closely with the records of this case, the judgment of the court below is fully acceptable (the defendant alleged that he did not have obtained the daily allowance of the victim, and the defendant argued that he did not have obtained the daily allowance of the victim, and argued that the amount of fraud was 1,50,000 won when he got the same as the victim," and the witness E of the court below stated in the police that "I am out of the scene of the victim, and am out of the scene of the victim if there is any other case."

In the same way as other lighting crafts, they worked at a construction site and retired at a fixed time.

“The Defendant’s misunderstanding of facts and misapprehension of legal principles are without merit.”

B. Although the amount of damage to the judgment on the wrongful argument of sentencing is not significant, in full view of all the sentencing conditions in the records of the instant case, such as the Defendant’s age, sexual conduct, environment, and conditions before and after the commission of the crime, the sentence imposed by the court below is appropriate.

3. Conclusion of the defendant.

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