(영문) 인천지방법원 2019.11.28 2019노1855 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 인천지방법원 2019.11.28 2019노1855

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence of mistake of facts, it is recognized that the defendant received USD 113,040 ($ 130,645,944) in total as a down payment by deceiving the victim, and acquired it by fraud.

B. The lower court’s sentence (three million won of a fine) imposed by the lower court is excessively unjustifiable.

2. The summary of the facts charged in this case’s assertion of mistake of facts is that the Defendant was not in a state of securing the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the custody of the

However, the victim testified in the court below that the victim was present as a witness in the court of the court below that "no specific statement was made to secure conflicts between the defendant and there was no fact that the victim had already been ensured conflicts, etc... It is true that he would be sent after the work." According to the contents of the victim's testimony, the victim's testimony does not seem to have been specifically deceiving the victim.

In full view of such circumstances and circumstances as stated by the lower court, the lower court’s judgment that acquitted the Defendant of this part of the facts charged is justifiable.

3. In full view of the following circumstances: (a) the Defendant agreed with the victim on the assertion of unfair sentencing; (b) there is no criminal history other than the sentence of a fine in 1984; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the lower court’s sentence is too unreasonable and unreasonable.

4. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal of this case is without merit.

참조조문

-형사소송법 제364조 제4항

유사 판례

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