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(영문) 대전지방법원 2020.03.11 2019노3586
사기방조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not have a normal judgment power and did not recognize that the Defendant intended to obtain a loan rapidly, but did not assist in the singishing crime. Therefore, there was no intention to commit fraud.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Although the Defendant asserted the same purport in the lower court’s assertion of mistake of facts and misapprehension of legal principles, the lower court found the Defendant guilty of the facts charged in this case by comprehensively taking account of the evidence duly admitted and investigated, and rejected the Defendant’s above assertion on the grounds of detailed reasons in the part “determination of the Defendant and the defense counsel’s assertion.” Examining the judgment of the lower court in comparison with the records, the lower court’s judgment is just and acceptable, and there is no error of mistake of facts

The defendant's intention of aiding and abetting the fraud is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted at the trial. In full view of all of the reasons for sentencing as indicated in the records and arguments in the instant case, the lower court’s sentencing is too too unreasonable and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. 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.

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