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(영문) 수원지방법원 2013.07.25 2013노1202
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds of appeal in this case’s sentencing conditions, the lower court’s respective sentences against the Defendants (one year of imprisonment, two years of suspended execution, two years of community service, one year of suspended execution, two years of suspended execution, one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) are deemed unreasonable.

2. The crime of deceiving the selling price by concluding a sales contract with little possibility of performance as in the instant case is a crime that is highly likely to criticize in that the social and economic harm is high by massing a large number of victims.

However, the Defendants do not actively plan and participate in the crime of this case as an employee of the sales agency, but are involved in the crime of this case; they do not directly acquire criminal proceeds; they are the primary offenders; Defendant B is the primary offender; Defendant A must take into account equity with the case of judgment at the same time as the crime of fraud in which judgment has become final and conclusive; and all the sentencing conditions of the Defendants, including the sentences of the accomplices leading the crime of this case, the age and character of the Defendants, character and conduct, environment, motive and circumstance of the crime, degree of participation in the crime, and circumstances after the crime, etc., are too uneasible to the Defendants.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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