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(영문) 광주지방법원 2018.11.08 2018노1816

사기

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

Defendant

A and Defendant B shall be punished by imprisonment of three years and six months, respectively.

Reasons

1. Summary of grounds for appeal;

A. Inasmuch as the actual amount of damages of victims as stated in BN(132,135) and BO(154,156 out of the total amount of damages indicated in B/B list 1 of the original judgment, one of them shall be recognized as the amount of fraud against each of the above victims. Unlike the amount of damages listed in B/P (18 million won), the actual amount of damages shall be recognized as 6 million won, and it shall be recognized as the amount of fraud against the above victims (34,20,000,000,000 won), B/B (41,20,000,000 won, 20,000,000 won, 20,000, 20,000, 20,000, 20, 20,000, 200, 200, 200, 200, 607, 608, 607, 607, 0000.

However, the court below recognized the whole amount stated in the list of crimes 1 as the fraud amount, so the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence against the Defendants (Defendant A: 5 years of imprisonment and Defendant B: 2 years of imprisonment) of the lower court’s improper sentencing is too unreasonable.

2. Judgment on the Defendants’ assertion of mistake of facts

A. The date and amount of each crime committed by the victim BN, BO, BP, Q, BR, BS, BT, BU, BV, and B as follows.

around December 31, 2014, when committing the crime, the amount of damage (won) caused to the victim by the method of deceiving the victim would be subsidized by joining BN corporation I as a member of BN corporation I.

Deviation and disbursement of membership fees shall be 6,170,000 135 on January 21, 2015, " 6,170,000 around 6,154 on February 23, 2015, BO on February 23, 2015.