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(영문) 대전고등법원 2012.07.11 2012노96

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of fraud, Defendant A(A1) did not commit deception, such as ① the victim’s departure from E University, i.e., the F Venture Association president, and the president of H Co., Ltd., the victim was well aware, and ② at the time of providing corporate consulting services, there was no intention of defraudation, because the victim could have reduced the price of the shares of H Co., Ltd. at a low price.

B) In relation to the violation of the Attorney-at-Law Act, only received money from the victim as the expense for recovery of claims, and did not receive money under the pretext of solicitation in relation to the police officer’s duties. 2) The sentencing of the lower court on unreasonable sentencing (one month of imprisonment) is too unreasonable.

B. Defendant B only received money from Defendant A as the repayment of existing loan claims, and there is no participation in receiving money under the pretext of solicitation in relation to the police officer’s duties.

2. Determination

A. As to the defendants' assertion of mistake of facts, the court below rejected the defendants' assertion in detail under the title "a judgment on the defendants' and defense counsel's assertion" in the judgment of the court below, which states that the defendants' assertion is the same as the grounds for appeal, and the court below rejected the above assertion in detail. In light of the above judgment of the court below compared with the records, the judgment of the court below is just, and there is no error of law

B. As to the Defendant A’s assertion of unfair sentencing, the amount of money acquired by deceit and the amount of money acquired through the crime of violation of the Attorney-at-Law Act is not much different, but most of them have been returned. However, in light of the fact that the Defendant not only was sentenced to the previous charges and punishment but also committed the crime of this case within the period of repeated crime, and that the Defendant did not deny the crime and properly separate the mistake, the Defendant needs to strictly punish the Defendant.

참조조문