logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.05.08 2020노674
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts as to the fraud portion of November 15, 2018 and misunderstanding of legal principles with respect to the Defendant did not participate in the solicitation of Q, which is a cash collection book, in the fraud crime committed on November 15, 2018, and went back to another organization before November 15, 2018, there is no functional control over the fraud committed on November 15, 2018.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts and misapprehension of legal doctrine, the Defendant recruited Q Q as a cash collection book from the organization of Bophishing crime together with A, and Q was fully recognized on November 15, 2018. Therefore, the lower court did not err by misapprehending the facts or by misapprehending the legal doctrine, contrary to the Defendant’s allegation.

B. Comprehensively taking account of the grounds for sentencing stated in the instant argument and the record as to the assertion of unfair sentencing, the lower court appears to have reasonably decided by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

arrow