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(영문) 수원지방법원 2015.08.21 2015노2136

사기

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below to the Defendants (the fine of KRW 25 million for the Defendants A, and the fine of KRW 3 million for the Defendants B) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below to Defendant B is too unhued and unreasonable.

2. All the defendants are the first offender, the confessions and reflects each of the crimes of this case, the victims have recovered from all damages, and the defendant B has agreed to do so, and the fact that there are circumstances to be taken into account as being caused by the crime under the direction of the defendant B by the person in charge of the field business of the Dispute Settlement Co., Ltd. operated by the defendant A, is favorable to the defendants. The total amount of fraud fraud committed by the defendant A exceeds KRW 245 million, and the damage is considerably significant, and the amount of fraud fraud acquired by the defendant B is relatively less than KRW 40 million, which is disadvantageous to the defendants.

In full view of various circumstances, such as the character, conduct, age, family relationship, motive and background of the crime, means and consequence of the crime, etc., in favorable and unfavorable circumstances to the above Defendants, it is not recognized that the sentence imposed by the court below to the Defendants is too heavy or that the sentence imposed to Defendant B is too unreasonable.

3. In conclusion, since all appeals filed by the Defendants and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.