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(영문) 수원지방법원 2017.04.14 2017노1214

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants (in 10 months of imprisonment with prison labor and 6 months of imprisonment with prison labor) is too unreasonable.

2. Determination

A. The Defendant’s judgment against Defendant A recognized the instant crime and against his mistake, and the victim G did not wish to punish the Defendant, the victim G paid KRW 23 million to the victim G, and the additional repayment was made under B, and the victim J paid KRW 2,00,000 to the victim J is favorable to the Defendant.

However, even though the crime of this case is an objective situation in which it is difficult to normally proceed with the development of the factory site and the sale of the factory site, the crime of this case was committed by deceiving the victim about the prospect of the project and the ability to perform the project, and the nature of the crime is poor, the damage amount of the defendant's crime of this case reaches KRW 118 million and has not been recovered from considerable damage, and the damage has not been recovered from the victimJ, the defendant was unable to receive a letter from the victimJ, the defendant has been sentenced to a suspended sentence of imprisonment for the same kind of crime, and the defendant has other records of being sentenced to a suspended sentence of imprisonment for the same kind of crime, and all of the sentencing conditions in the arguments

Therefore, the defendant's assertion is not accepted.

B. The fact that the defendant's judgment on the defendant C recognized the crime of this case and reflected his mistake, that the victim did not wish to punish the defendant, that the victim paid the amount of KRW 23 million to the victim, and that the additional repayment was made pursuant to B is favorable to the defendant.

However, even though the crime of this case was committed in an objective situation where it is difficult to normally proceed with the development of the factory site and the sale of the factory site, it is not clear that the victim was deceiving the victim about the prospect of the project and its ability to repay, and the defendant is guilty.