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(영문) 광주지방법원 2015.02.11 2014노1820

사기

Text

[Defendant A] The part of the lower judgment against Defendant A is reversed.

Defendant

A is the first-A of the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, one year and six months of imprisonment, and two years and six months of imprisonment, and two years and six months of imprisonment) of the lower court is too unreasonable;

2. It is an unfavorable circumstance that the amount obtained by the Defendant A’s fraud is at least 688 million won, and that the amount obtained by the Defendant B’s fraud is at least 465 million won.

However, it appears that the defendants were found that their mistakes were recognized by the court below for the victim G, and the defendant A deposited KRW 13 million in the court below for the victim G, and additionally deposited KRW 13 million in the court below for the victim I and J, and the defendants deposited KRW 100 million in the court below for the victim I and J, and further agreed to pay KRW 260 million to the above victims in the court below for the first time, and the crime No. 1 through No. 6 of the judgment of the court below in the judgment of the court below as to the defendant A and the crime No. 2 of the judgment of the court below as to the defendant No. 1-B of the judgment of the court below and the concurrent crime under the latter part of Article 37 of the Criminal Act with the crime of fraud for which the judgment of November 28, 2009 became final, and thus it is necessary to consider the equality in the case to be tried at the same time, and the defendant's argument that the court below sentenced the defendants to the punishment is unfair in consideration of all favorable conditions.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by this court is as follows: [1...., part of Defendant A’s legal statement” in the part of the summary of the evidence [2012 Highest 2499] is as “the legal statement in Defendant A’s trial”; and “1. witness G’s legal statement” is as “1. witness G’s legal statement.”