(영문) 광주지방법원 2020.01.15 2019노2566 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.01.15 2019노2566

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, had the intent or ability to allow the victim to obtain the U.S. visa, and actually conducted the issuance of the visa, but failed to implement the promise due to the fact that the victim was concealed, the lower court found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment by misapprehending the facts, and thereby adversely affecting the conclusion

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport as the above grounds for appeal in the lower court’s determination of mistake of facts, and the lower court rejected the above assertion by providing a detailed statement on the summary and overall title of the evidence in the lower judgment.

In light of the circumstances indicated by the court below properly, the following circumstances, which are acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the defendant left the United States on September 26, 2016 and returned to the report of work related to the visa. However, the defendant did not submit any supporting material. ② In light of the flight schedule asserted by the defendant, even if the defendant entered the United States, it seems that there is insufficient time to view the practical work for the visa issuance, and the defendant seems to have no reason to directly visit the United States. ③ In light of the contents of the record submitted by the victim, the victim appears to have explained in detail about the situation that the defendant was not issued, and the defendant appears to have been 10% of the issuance of the visa to the victim, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and it cannot be said that the court below erred in the misunderstanding of facts, as alleged by the defendant.

Therefore, this part of the defendant's argument is without merit.

B. On the assertion of unfair sentencing

유사 판례

-서울중앙지방법원 2018.09.07 2018노301

-수원지방법원 2015.06.11 2014노6337

-서울서부지방법원 2015.08.21 2015나1363

-수원지방법원 2021.04.15 2020노5264

-수원지방법원안양지원 2014.12.11 2014가단14731