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(영문) 수원지방법원 2018.12.13 2018노6299
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A committed the instant crime in order for Defendant A to raise his performance while serving as a victim’s employee, and that the said Defendant recognized his mistake and against himself, the lower court’s sentence (10 months of imprisonment) is too unreasonable.

B. In light of the fact that Defendant B’s mistake against himself, the circumstance that the above Defendant participated in the crime of aiding and abetting fraud, and the fact that Defendant B agreed with the victims of the above crime, the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. Determination:

A. Defendant A shows his attitude to recognize and reflect his mistake.

However, the above defendant committed the crime of this case in order to suggest the result of the defect that the victim E intends to resign from the loan business, and used the money obtained by the above victim for his personal purpose or personal purpose. The crime is not good. The above defendant's money obtained by the victim E is large of KRW 156,50 million, and substantial damage, except the amount recovered by the above victim, exceeds KRW 80,000,000,000, and did not make any effort for the recovery of damage. In full view of all the sentencing conditions of the above defendant's age, sex, sex, environment, relationship with the victim, criminal law and circumstances before and after the crime, etc., the court below's punishment against the above defendant is too unreasonable.

B. Defendant B shows an attitude against his mistake, and the above Defendant agreed with the victims of the crime of aiding and abetting the fraud of this case, but the above Defendant did not make any effort to prevent the fraud of this case and recover damage with the victim E’s trust, and the above Defendant was able to commit the crime of fraud by acting as a liability for the cash withdrawal and remittance of the crime of aiding and abetting the fraud of this case.

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