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(영문) 대전지방법원 2013.08.28 2013노1176
사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

Defendant

A Imprisonment with prison labor of one year and eight months, and Defendant B.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of the fact that Defendant A’s Defendant reflects and that there was an agreement with the victim’s two-year imprisonment, etc., the sentence imposed by the lower court (two-year imprisonment) is too unreasonable.

B. In light of the fact that Defendant B is against the Defendant and the gains acquired by committing a crime are not high, the sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. On July 6, 2011, the crime of this case against Defendant A’s assertion is committed in collusion with B, which is an electronic component manufacturing company (hereinafter “Defendant Company”) in the name of “H” and “Co., Ltd., and as if the Defendant Company had already purchased and used EM machinery, the Defendant Company’s employees in charge of the victim capital Co., Ltd., Ltd., who purchased the machinery from EM where it is necessary to purchase the machinery from B and caused the damage to the Defendant Company.” The crime of this case was transferred KRW 140 million in the name of the company operating B, which deducts KRW 60 million from the purchase price of KRW 200 million, and transferred KRW 70 million in total from the victim Co.,, Ltd., Ltd., 160 million in exchange for the above 60 billion in possession of the machinery in the same manner as the victim Co., Ltd., Ltd., 200 million in exchange for the Defendant Company’s 160 million in possession of the machinery from the victim Co., Ltd.

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