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(영문) 수원지방법원 2015.08.27 2015노455

사기

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

Defendant of the Prosecutor.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor - Each sentence sentenced by the court below against the above Defendants B and C (a fine of five million won is imposed on Defendants B, and a fine of three million won is imposed on Defendants C) are too uneased and unreasonable.

B. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of unfair sentencing, Defendant C had a record of being punished by a suspended sentence for the same kind of crime, and Defendant B had the record of being punished by a fine for another crime, and even if the damage suffered by the victim J is considerable, it is difficult to deem that the above Defendants are making efforts to recover damage, and thus, are disadvantageous to the above Defendants.

However, Defendant B has no record of punishment for the same kind of crime, and the degree of participation by Defendant B and C is relatively small in relation to the crime of this case led by Defendant A, and the size of the profits acquired by the crime of this case seems to be considerably minor or little, the above Defendants divided and reflect their errors by recognizing the crime of this case, etc., and other various sentencing conditions such as the age, environment, character and conduct of the above Defendants are considered, in full view of all the sentencing conditions of the above Defendants, it is difficult to see that the sentencing of the lower court against the above Defendants is too unjustifiable and unreasonable, and the above argument by the prosecutor is without merit.

B. In the crime of this case where Defendants, who made a judgment on the assertion of unfair sentencing by Defendant A, deceptioned the victim with money by deceiving the victim, Defendant A, as well as Defendant A, had been informed of the victim several times, and acquired considerable profits exceeding KRW 100 million. Nevertheless, Defendant A was at the time of the investigation process of this case and the trial process of the lower court.