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(영문) 의정부지방법원 2017.11.06 2017노2273

사기등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment with labor for Defendant A and six months of imprisonment with labor for Defendant B) is too unreasonable.

2. Determination of the Defendants’ fraud amounting to KRW 70 million, and the amount of embezzlement due to Defendant A’s embezzlement amounting to KRW 76.9 million. Defendant B still did not reach an agreement with the victim or did not properly recover from the damage is an unfavorable condition to the Defendants.

However, the defendants have reached the judgment of the court below and agreed with the victim that they had no record of punishment for the same kind of crime, Defendant B had no record of being punished for the same crime, Defendant A had expressed to the victim his intention not to be punished in the court below and the court below, Defendant B had no actual profits acquired by the crime of this case, Defendant A had no record of punishment for the same crime except for the punishment for the same crime of this case in 1999, and Defendant A had no record of punishment for the same crime. In full view of various circumstances, including the circumstances and motive leading up to the crime of this case, the means and consequence of the crime of this case, the circumstances before and after the crime, the age of the defendants, sexual behavior, and environment, etc., the punishment of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is all reasonable.

Criminal facts

The substance of the facts charged and the summary of the evidence acknowledged by this court are as follows: 1. The "part of Defendant A's legal statement" of the court below [1. The court below's order 1937] is changed to "Defendant A's legal statement" and 2. 1. 5. 5.00 [200 high order 5200] is written in each corresponding column of the court below's judgment, except for the addition of "Defendant B's legal statement."