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(영문) 광주지방법원 2014.05.29 2014노517
사기
Text

1. The part of the judgment of the court below against Defendant A concerning the defendant A shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (one year of imprisonment, two years of suspended execution, two years of community service work, 120 hours) of the lower court is too unreasonable. 2) The lower court’s punishment is too unreasonable and unreasonable.

B. The reasoning of the appeal by Defendant B (one year of imprisonment) is too unreasonable.

2. Determination

A. The crime of this case against Defendant A was committed in an organized manner by forming a false notarial deed and presenting it to the victim H in advance. The nature of the crime is poor. The above defendant's agreement with the above victim through Co-Defendant 1 at the investigation stage, but the agreement was not implemented, and thus the above victim's minor punishment was sought at the court of first instance, but it seems that the above defendant's mistake was recognized and against all of his mistake. The above defendant did not have any history of punishment or suspended execution. The above defendant's 10 million won out of the agreed amount paid in consultation with the above victim at the investigation stage was borne by the above defendant. The above defendant's total 30 million won was recovered from the above defendant's damage, such as partial recovery of the defendant's age, character and conduct, environment, the circumstances of the crime of this case, the result of the crime of this case and the circumstances after the crime of this case, etc., the above defendant's argument that the above defendant's punishment is unfair is unreasonable.

B. Defendant B had a record of punishment for the same kind of crime in 1995 against Defendant B, and as seen earlier, the instant crime takes part in multiple persons’ role in advance.

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