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(영문) 서울동부지방법원 2020.10.16 2020노452
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the process of taking over a capsule Housing Project by affirmatively judging the outlook of a capsule Housing Project, the Defendant borrowed money from the victim during the process of resumption of the project. Unlike prospects, the Defendant was not able to pay money to the victim due to the failure of a capsule Housing Project, and the Defendant did not have the intent to obtain money from the victim at the time. 2) Even if the criminal facts in the judgment of the court below were guilty, the punishment (three months of imprisonment) sentenced by the

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The Defendant also asserted the same purport as the grounds for appeal in the lower court’s determination on the Defendant’s assertion of mistake of facts, and the lower court rejected the Defendant’s assertion on the grounds of its stated reasoning, which can be known by the evidence duly adopted and examined by the lower court.

Examining the judgment of the court below closely with the above evidence, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the defendant.

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

B. The lower court’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor seems to have reasonably decided the punishment, taking full account of all the circumstances, including the various grounds for sentencing asserted by the Defendant and the prosecutor, and there is no change in the sentencing conditions that may change the punishment compared with the lower court, and in full view of various sentencing conditions, including the Defendant’s age, character and conduct, environment and circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

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

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.

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