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(영문) 수원지방법원 2020.05.22 2020노78
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit deception by mistake of facts and misapprehension of legal principles, such as talking about the victim's business, and the victim did not own money and delivered money to the Defendant. Therefore, the Defendant did not intend to acquire money.

Nevertheless, the lower court which found the Defendant guilty of the facts charged of this case erred by misapprehending the legal doctrine.

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

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant asserted to the same effect as the lower court rendered in the trial.

As to this, the lower court did not accept the Defendant’s assertion and found the Defendant guilty of the facts charged in the instant case, taking full account of the circumstances as indicated in its reasoning that can be seen through the evidence duly admitted 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 court below did not err by misapprehending the facts or by misapprehending the legal principles as alleged above by the defendant.

B. Comprehensively taking account of the grounds for sentencing stated in the instant argument and the record as to the assertion of unfair sentencing, the lower court appears to have reasonably decided by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

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

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