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(영문) 서울동부지방법원 2018.11.22 2018노611
사기
Text

The defendant's appeal is dismissed.

Reasons

1. On February 2010 of the instant facts charged, the lower court found the Defendant guilty as to the defraudation of Ruban on or around February 2, 2010, and found the Defendant not guilty as to the defraudation of Memond Babro, and as to the Defendant’s fraudulentation of Mamond Babro, the lower court determined that the Defendant’s appeal only for the guilty portion was finalized by the lapse of the appeal period, and thus, the lower court’s judgment should be determined only for the convicted portion among the judgment below.

2. Summary of reasons for appeal;

A. The Defendant did not deceiving the victim of the fact, and the instant Logs do not have the same value as indicated in the facts charged.

B. The sentence of the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

3. Determination

A. Although the Defendant alleged the same purport as the grounds for appeal in the lower court’s determination as to the assertion of mistake of facts, the lower court determined that the instant facts charged was guilty by comprehensively taking account of the circumstances acknowledged by the evidence duly adopted and investigated.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In full view of the reasoning of the instant case’s argument and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully taking account of all the circumstances, including the various reasons for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

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

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