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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.08.30 2013노2249
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant's act of misunderstanding the facts was conducted with D's consent, and the defendant did not steal the heat, securities card, and seal, the application for release does not constitute forgery, and the transfer of C's shares from D, and exercised his legitimate right accordingly.

The imprisonment (seven years of imprisonment) imposed by the court below on the defendant is too unreasonable.

According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant committed each of the crimes of this case in the past without obtaining D's permission, and no other circumstance or material exists to believe the above change of the defendant.

Therefore, the decision of the court below that found all of the charges of this case guilty is correct, and there is no error as pointed out by the defendant.

Although the fact that the defendant acquired only a part of the shares acquired by the judgment on the assertion of unfair sentencing is recognized, the court below's sentence against the defendant cannot be deemed to be unfair because the sentence against the defendant is too excessive, in full view of all the sentencing conditions, such as the defendant's age, family relation, criminal record, occupation, environment, motive and circumstance of the crime, method and method of the crime, and circumstances after the crime, etc., but the defendant refuses to pay damages by asserting that the above shares were normally transferred. Nevertheless, the defendant is the defendant's refusal to pay damages by asserting that it was a normal transfer of the above shares, and the victim was punished several times, such as the defendant's wishing to be punished for the same crime, and the defendant was sentenced to punishment for the same kind of crime.

Therefore, the appeal by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the appeal by the defendant is groundless.

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