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(영문) 서울남부지방법원 2014.04.17 2013노2266

사기등

Text

1. The part of the judgment of the court below regarding Defendant B shall be reversed.

1. Defendant B shall be punished by imprisonment for a year and three months;

1..

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (three years of imprisonment) on the defendant is too unreasonable.

B. The Defendant, among the facts charged in this case, was guilty of each of the above parts of the charges, although there was no fact that there was any mistake of facts and unfair sentencing (Defendant B) (1) committed each of the frauds listed in subparagraphs 1, 2, and 3 of the victim G-related crime sight table (A), the frauds listed in paragraphs 1 and 2 of the victim E-related crime sight table (B), and the frauds listed in paragraphs 1 and 2 of the victim-related crime sight table (C).

(2) The sentence imposed by the lower court (one year and six months of imprisonment) on the Defendant is too unreasonable.

2. Considering the following: (a) Defendant A committed the instant crime under the lead of Defendant A’s judgment on the grounds of appeal; (b) the victims have not recovered from damage; and (c) other various sentencing conditions specified in the instant argument, including the motive and method of the instant crime; (b) the period and period of the commission of the crime; (c) the profits after the commission of the crime; and (d) the age and character and conduct of the said Defendant, the sentence of the said Defendant (three years of imprisonment) is unreasonable

3. Determination on Defendant B’s grounds of appeal

A. The summary of the facts charged of each fraud described in paragraph 1, 2, and 3 of the victim G and E-related part (1) related to the victim G and the charge of fraud listed in paragraph 1 of the victim E-related crime sight table (B) is as follows.

Defendant

B, in order to raise shares and factory acquisition funds for Defendant A and Y in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Y, I raised funds to borrow money from the elderly people who come to the water in the world by neglecting their ability to repay money.

Accordingly, on April 14, 2009, Defendant B, along with Defendant A, took over a water plant from the victim G (the age of 74 years at the time) at the office of Defendant A in the vicinity of Dongdaemun-gu Seoul K Station.