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(영문) 의정부지방법원 2017.11.21 2017노2560
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and five months of imprisonment) is too unreasonable.

2. The Defendant and F: (a) the Defendant and F: (b) the Defendant and the Defendant: (c) supplied the Defendant’s work as the representative director to the Home Plus Co., Ltd. with food, including G in the Home Plus shop; (d) sold the Home Plus name; and (e) concluded the consignment contract to settle the sales price; (c) under the terms of the above contract, the Defendant cannot transfer or transfer the above contractual rights to the third party without the prior consent of the Home Plus; and (d) even if the sales accumulated by the enemy, the Defendant and F would pay the victims the commission fee for the entrustment of the operation of the Home Plus shop each month.

Degnating a total of 260 million won by deception.

In light of the details of crime and the method of crime, the nature of crime is very poor, and the victims' damage is a large amount.

The Defendant did not agree with the victim H and M until the court of first instance, and the victims’ damage was not completely recovered.

On the other hand, the defendant recognized the crime of this case and opposed to it.

The defendant was not punished for the same crime prior to the instant case.

The Defendant was sentenced to four months of imprisonment for a crime of fraud on May 17, 2016 and the above judgment becomes final and conclusive on May 25, 2016. Since the instant crime is in the relationship of concurrent crimes between the crime of fraud for which judgment has become final and conclusive and the crime of this case after Article 37 of the Criminal Act, punishment should be determined in consideration of equity with the case where judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act

In the lower court, the Defendant agreed to pay KRW 5 million to the Victim P, and agreed to pay KRW 10 million to the Victim P.

The defendant paid 10 million won to the victim AE for the first time, and agreed to pay 10 million won to the victim Z, and the defendant has made an agreement to pay 10 million won to the victim Z.

the victim O.

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