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(영문) 서울중앙지방법원 2020.09.24 2019노3544
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts paid KRW 6 million to the regular M of the managing director of the Company I (hereinafter “I”) to make it possible for the victim to subcontract the removal work, but the Defendant was not aware of the fact that it was delayed due to the reasons that the Defendant did not know, and that there was no deception by the victim.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. In light of the evidence duly examined by the court below in relation to the assertion of mistake of fact, the facts acknowledged by the court below and the additional circumstances recognized by the court below, etc., the fact that the defendant deceivings the victim as stated in the facts constituting the crime in the judgment below is sufficiently recognized

The defendant's above assertion is without merit.

At the time, I simply submitted a business letter to the executor, and the contents of the proposed business were not the removal of the factory building, but the new construction of the building thereafter.

M stated that the amount of KRW 6 million received from the Defendant at the investigative agency was paid to the Defendant’s personal debt without relation to the removal work.

B. As to the assertion of unfair sentencing, the Defendant’s appeal is not persuasive, and the victim’s damage has not yet been recovered, and in light of the Defendant’s age, character and conduct, environment, motive and means of crime, circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

The defendant's above assertion is without merit.

3. The defendant's appeal is dismissed.

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