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(영문) 수원지방법원 2020.10.16 2020노2936
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (2019No. 5176) did not mislead the victim to the effect that the Defendant heard that money is urgently needed from the victim B, and that the Defendant opened a mobile phone in the above victim’s name and paid the price therefor, and that, unlike the above victim, the Defendant did not deceiving the victim to the effect that “I would not cause any damage by cancelling the mobile phone after opening.”

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous and erroneous.

B. Each sentence of unfair sentencing (three months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. As to the assertion of mistake of fact, the Defendant argued to the same effect as the Defendant did at the trial of the lower court.

On the other hand, the court below did not accept the defendant's above assertion and found him guilty of the facts charged in this case by integrating the evidence duly adopted and examined.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the facts as alleged above by the defendant.

B. In full view of the grounds for sentencing stated in the instant argument and the record as to the assertion of unfair sentencing, each of the lower judgment appears to have been appropriately determined by fully considering the various grounds for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the sentencing is modified ex post facto.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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