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(영문) 서울동부지방법원 2017.06.29 2017노399
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that it is too unreasonable to punish the Defendants (one year and six months of imprisonment) by the lower court.

2. The Defendants were committed during the commission of the crime, and the victim V did not want the punishment against the Defendants. The case concerns a crime committed by Defendant A prior to the final and conclusive judgment of eight months of imprisonment for fraud on August 12, 2015. Defendant B did not have any criminal record for the same crime, but Defendant B did not have any criminal record for the same crime. However, the crime of this case, where the Defendants received money from the victims in the name of the purchase price of land from the victims while operating so-called the so-called “Planning real estate,” and most of the victims were not recovered, and the victims K, N, and Q want not be punished against the Defendants. Defendant A had a criminal record prior to a two-year suspended sentence of two years of imprisonment due to fraud under the same law, Defendant A obtained funds and managed Defendant B’s business, and thus, Defendant B did not have any degree of participation in the crime, and Defendant B did not have any criminal record due to any other unlawful circumstances, including the age of the Defendants, the age of the Defendants, and the following circumstances.

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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