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(영문) 서울북부지방법원 2020.08.20 2020노221
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. As to the violation of the Resident Registration Act among the facts charged against mistake of facts, a person who transmitted a victim I’s resident registration certificate to the victim I is not the defendant.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged by finding the fact that it was transmitted by mistake is erroneous.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can be found to have transmitted photographs to victim I, and the testimony by the witness of the court at the trial against this is difficult to believe and therefore, the defendant's assertion of mistake of facts is without merit.

B. The lower court rendered a judgment on the assertion of unfair sentencing: (a) the Defendant had committed most of the instant crimes, including the previous offense; (b) the Defendant committed most of the instant crimes during the period of repeated crime of the same kind; (c) the period of crime; (d) the amount of damage (totaled 86,232,100 won); (d) the number of victims; (e) the number of victims; (g) the details of deception; and (e) the method of deception; (e) the injury was recovered or not agreed with the victims; (e) the Defendant failed to comply with the request of an investigative agency by taking into account such a low doping; and (e) the Defendant escaped while failing to comply with the request of an investigative agency for appearance; and (e) took into account

The fact that the defendant paid KRW 1 million to the victim I in the trial is recognized, but even if considering such circumstances, the sentence of the court below is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so ordered.

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