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(영문) 대전지방법원 2013.07.11 2013노642

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The sentence of the court below (two years of imprisonment, three years of suspended execution) is too unreasonable.

The above sentence of the court below by the prosecutor is too unhued and unreasonable.

Judgment

The grounds for appeal by the defendant and prosecutor shall also be examined.

The Defendant, through the solicitation of Chokdong, was taking part in the instant crime by taking account of the motive and circumstances leading up to the instant crime, etc. In the instant crime, there are circumstances favorable to the Defendant, such as: (a) lending the name of the representative director as the so-called “bab president” in the instant crime; (b) the degree of participation is relatively insignificant; (c) the gains actually acquired by the Defendant appears to be merely an amount equivalent to KRW 5 million per month between nine months and nine months; and (d) the Defendant has no record of the same crime.

On the other hand, the crime of this case is a so-called "Planning real estate fraud", and the crime of this case is highly likely to be committed in light of the method of crime of this case and the frequency of crime, the number of victims, and the amount of damages, etc., which are disadvantageous to the defendant. In full view of all such circumstances and other sentencing conditions, including the defendant's age, character and behavior, environment, and circumstances after the crime, it is deemed that the court below's punishment is too heavy or unreasonable. Thus, the defendant and prosecutor's assertion

Therefore, the appeal by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.