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(영문) 서울북부지방법원 2017.01.13 2016노1116
사기미수
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The Defendant misunderstanding the fact that C’s obligation remains.

I think that there was no intention to acquire the bonds by deceit as the request for seizure and collection order.

B. The punishment of the lower court is heavy.

2. Determination

A. According to the evidence duly examined and adopted by the court of execution on the assertion of mistake of facts, the Defendant is recognized to have submitted to the court of execution the document that the Defendant continued to have his claim remaining even though the judgment became final and conclusive due to the failure to file an appeal within the period of appeal by being directly served with the judgment on the Defendant’s claim that the Defendant

According to the facts of recognition, the defendant's assertion is different from the facts, and the defendant was also aware that his assertion is different from the facts.

Since the intention of the accused is fully recognized, the will of the accused is fully recognized.

B. Considering the various sentencing conditions indicated in the record of the determination of the illegality of sentencing, the lower court’s punishment is heavy.

subsection (b) of this section.

3. Conclusion, Defendant’s appeal cannot be accepted.

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