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(영문) 서울북부지방법원 2019.06.20 2018노1884
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A person who borrows money from a victim of mistake of facts is not the defendant but the defendant's son B, and the defendant did not deceiving the victim as stated in the facts charged.

Nevertheless, the court below found the defendant guilty by deceiving the victim to receive money, and the court below erred by misapprehending the fact.

B. The lower court’s sentence on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the lower court determined that the Defendant deceivings the victim as stated in the facts charged, based on the circumstances in its reasoning.

In light of the above facts, the above judgment of the court below is just and acceptable, and there is no error of law that affected the conclusion of the judgment, as alleged by the defendant, in addition to the fact that the defendant provided for in each of the circumstances stated by the court below that he would pay money to the victim.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unfair sentencing, the lower court, based on its stated reasoning, determined the Defendant’s punishment. In full view of the circumstances stated by the lower court and all the sentencing conditions stated in the proceedings of the instant argument, the lower court’s punishment cannot be deemed to be too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

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

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