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(영문) 대전지방법원 2015.08.28 2015노585

사기등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of KRW 35,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A and C (the 4 years of imprisonment with prison labor for Defendant A, and the 3 years of imprisonment for Defendant C) is too unreasonable.

B. Defendant B (1) The point at which a mistake of fact-finding Defendant started the criminal act, such as a mistake of fact-finding phone call, is not around October 8, 2012, but on the first order of November 2012. (2) The sentencing of the lower court on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

C. The prosecutor 1) misunderstanding the facts in this case started an investigation by the arrest of UP and UB, which is the measure of withdrawal in Korea. The amount withdrawn by UP and UB includes not only the amount transferred for loan fraud, such as deposit, but also the portion of remittance of money from victims TT and TV by means of family abduction. Among each of the facts charged, the victim's specific circumstance is specified against the victims who have remitted money to the large account held for the use of the crime. The co-principal is already aware of the co-principal's act, and even if he already participated in part of the act, he should be found guilty against the above defendants. 2) The court below's sentencing against the defendants of unfair sentencing (the above two years of suspended sentence of imprisonment with prison labor for two years, including deposit money, etc., and 2 years of suspended sentence of execution, 2 years of suspended sentence of execution, 3 years of execution, 4 years of execution, 3 years of execution, 5 years of execution, 3 years of execution, 4 years of execution, and 5 years of execution.).

2. Judgment on the prosecutor's assertion of mistake of facts

A. According to the summary of this part of the facts charged (the fraud by means of law other than loan fraud) the part of the facts charged in the original trial (the fraud by means of law other than loan fraud), the defendant C, in collusion with members of the team in name, shall receive 368,542,124 won in total from 18 victims, in collusion with 71, 77, 91, 92, 92, 96, 118, 135, 147, 182, 193, 228, 296, 324, and 336, and shall acquire 368,542,124 won in total.