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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to a mistake of facts, the court below found the Defendant guilty of this part of the charges, despite the fact that the Defendant did not recognize the fact of the incident at the time, and did not have any intention to flee, because the Defendant had the intent and ability to acquire the right to operate G store, and did not have the intention to acquire it, and there was no intention to flee.
B. In light of the fact that the Defendant subscribed to a comprehensive insurance policy, agreed to the victim N, etc., and that the Defendant is aged and there are symptoms of dementia, the lower court’s imprisonment (two years of imprisonment) is too unreasonable.
2. Determination
A. The court below made the same assertion as the grounds for appeal in this part of this part, and the court below rejected the above assertion in detail with the defendant's assertion and its decision under the title "the judgment on the defendant's assertion". In light of the records and legal principles, the court below's decision is justified and there is no error of law as pointed out by the defendant. Thus, the defendant's assertion of mistake of facts is without merit.
B. The Defendant’s judgment on the assertion of unfair sentencing is not good to commit the instant fraud, which acquired money from the victim under the pretext of money for the acquisition of right to operate G stores, and the Defendant committed the instant crime on June 23, 199 even though he was sentenced to imprisonment with prison labor for up to 8 months and a suspended execution for a crime similar to the instant crime in the Gwangju District Court on June 23, 199, even though he was sentenced to 2 years of imprisonment with prison labor for a crime similar to the instant crime and the Act on the Acceptance of Crimes, the amount of the instant fraud reaches 50,000,000 won and the damage has not been recovered, and the Defendant’s blood alcohol concentration is considerably higher.