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(영문) 서울중앙지방법원 2016.01.21 2015노4169
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with D, did not deceiving F or receive money from F with D. The Defendant was not guilty of fact.

B. Even if there is a misunderstanding of legal principles against the Defendant, the Defendant merely did not actively prevent D’s crime, and only committed aiding and abetting the crime of fraud.

(c)

The sentencing of the court below's improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, the lower court’s determination that recognized the credibility of the witness F’s legal statement, which is a valuable evidence supporting the instant facts charged, is insufficient and acceptable, as long as it followed the lower court’s determination.

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

Therefore, the defendant's argument in this part is rejected.

B. There are extenuating circumstances, such as the fact that the accomplice D, who made a judgment on the unfair argument of sentencing, paid KRW 20 million to the victim in the criminal case that was tried through the crime of defraudation of KRW 17.3 million against the victim F (including the crime of this case 3rd time), but it appears that the lower court reflected this in and determined the punishment by reducing a fine of KRW 2 million in the summary order.

On the other hand, examining various circumstances revealed in the records and arguments, such as the motive, means and method of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, career, and environment, etc., the lower court’s sentencing is determined within the reasonable and reasonable scope, and is not deemed unfair due to excessive and reasonable reasons.

Therefore, we cannot accept this part of the defendant's assertion.

3. The Defendant’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

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