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(영문) 서울서부지방법원 2020.12.17 2020노1179
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In fact, the Defendant held the deposit of USD 30 in a foreign country, and used the money transferred from the victim as a fee to withdraw the said deposit in the Republic of Korea.

The defendant did not deceiving the victim.

The judgment of the court below that recognized fraud against the defendant is erroneous in the misapprehension of legal principles.

The punishment sentenced by the court below of unfair sentencing (six months of imprisonment) is too unreasonable.

Judgment

The defendant in the judgment of the court below also argued the same as the grounds for appeal in this part, and the court below rejected the above argument by clearly explaining the judgment of the defendant on the defendant's argument at the bottom of the judgment.

Examining the above judgment of the court below in a thorough manner with the evidence adopted and examined by the court below, the judgment of the court below is just and there is no error of law by misunderstanding facts or by misunderstanding the legal principles as alleged by the defendant, which affected the conclusion

This part of the defendant's assertion is without merit.

If there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared to the lower court on the ground that no new data to be considered in the health room and the trial have been submitted.

In full view of the factors revealed in the records and arguments of the instant case, the lower court’s sentencing is too large and does not seem to have exceeded the reasonable scope.

This part of the defendant's assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit.

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