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(영문) 제주지방법원 2018.11.01 2018노469
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant did not deceiving C and G at the time of the instant case by deceiving him, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence (one million won in fine, two million won in fine) imposed by the prosecutor by the court below is too uneased and unreasonable.

2. According to the evidence cited by the lower court, such as judgment as to the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant could be recognized to have by deceiving C and G as stated in the facts charged in the lower judgment at the time of the instant case and received money from C and G. Therefore, the Defendant’s mistake of facts or misapprehension of the legal doctrine is without merit.

3. In full view of the various circumstances, which form the conditions for sentencing as indicated in the instant case’s determination on the prosecutor’s improper assertion of sentencing, the Prosecutor’s improper assertion of sentencing is not justified, since the sentence imposed by the lower court is too uneasible and unreasonable.

4. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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