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(영문) 서울중앙지방법원 2014.02.06 2013노4047

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (six months of imprisonment, and one year and two months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts: (a) Defendant A’s mistake against Defendant A; (b) there is no power to commit any crime; (c) partial recovery of the damage is more favorable to the above Defendant; (d) the nature of the crime by deceiving the victim G as if he could transfer ownership of forest land in collusion with Defendant B; (c) the amount of damage is not more than 75 million won; and (d) the amount of damage is not reached an agreement with the said victim; (d) it appears that there was a business relationship with Defendant B at the time of the instant crime; and (e) it does not appear to have been in compliance with Defendant B’s instruction; and (e) other all the sentencing conditions indicated in the instant case, such as Defendant A’s age, character and conduct

B. Although there is room for consideration that Defendant B did not have the power to be punished in excess of the fine or the same criminal records, and that it reflects the mistake, the above Defendant, while operating a real estate sales chain Co., Ltd., by deceiving the victims as if he transferred the ownership of forest land, acquired the victims a total of KRW 149 million by deceiving them as the purchase price, and the victims’ damage was partly recovered, but the other victims’ damage was not recovered, and all of the sentencing conditions in the instant case, such as Defendant B’s age, character, conduct, and environment, are not too heavy, in full view of all the sentencing conditions in the instant case.

3. Therefore, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.