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(영문) 서울고등법원 2013.07.05 2013노601
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. While misunderstanding of facts or misunderstanding of legal principles delivered to the victim J on the date and time stated in the facts charged, the Defendant merely received plastic finites from the above victim, but the Defendant did not receive money and valuables under the pretext of deceiving the victim or soliciting public officials to handle the affairs by misrepresenting the President’s death by misrepresenting himself/herself, the investigative agency did not go through due process, and the lower court convicted the Defendant. In so doing, the lower court erred by misapprehending of legal principles or misapprehending of legal principles.

B. The lower court’s punishment on the Defendant of unreasonable sentencing (one year and six months of imprisonment, additional collection of 50 million won) is too unreasonable.

2. Determination

A. As the court below has properly pointed out the argument of mistake of facts or misapprehension of legal principles, the court below consistently stated that "B saw the shopping bags containing 50 million won from the place along with the defendant to this court, and J immediately reported to the defendant." The fifth part of the investigation records No. 27,28, and the fifth part of the investigation records No. 50 million won in W is consistent with the prosecutorial statement of J and X, and the above 53-37 pages are supported by objective financial data investigation records No. 33-37 of the investigation records, and the above W's statement is reliable, ② contrary to this, the defendant's statement to the effect that "the defendant's family member's family member's family member's family member's family member's 4th anniversary of the investigation records No. 50 million won is insufficient from JV building No. 14 to 1718, Dec. 17, 201."

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