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(영문) 서울북부지방법원 2016.06.24 2016노327
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The Defendant did not deceiving the victim and did not have the intent to commit the crime of deception.

There is no difference in fact that some amount has been received, and some amount received is received as another transaction relationship.

B. The punishment of the lower court is heavy.

2. Determination

A. According to the evidence duly examined and adopted by the judgment on the assertion of mistake of facts, the fact that the defendant deceivings the victim on several occasions under the same circumstances as the stated in the facts charged can be fully recognized.

For reasons indicated in its holding, the court below rejected Defendant’s assertion and found Defendant guilty of the facts charged is justifiable.

The court below did not err by mistake.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the records of this case and the reasons for sentencing on the judgment of the court below, considering all the circumstances asserted by the defendant on the grounds of appeal, the sentence of the court below is heavy.

subsection (b) of this section.

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

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