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(영문) 서울중앙지방법원 2019.10.25 2019노714
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

The summary of the grounds for appeal by Defendant A (one year of imprisonment with prison labor, two years of suspended execution, 120 hours of community service order) is too unreasonable.

Defendant

C For the following reasons, in collusion with Defendant A and B, the Defendant did not defraud KRW 100 million from the victim D.

The defendant introduced the F Co., Ltd. F (hereinafter “Co., Ltd.”) to Defendant B, but did not introduce F to the victim. The defendant did not attend the victim with an explanation of the same content as that of the facts stated in the judgment below.

The defendant did not agree to deposit KRW 100 million into the defendant's account.

The defendant's signature with the above 100 million won as the guarantor is merely a situation after the above 100 million won has been issued.

Defendant B received money from Defendant B, and Defendant B received money from Defendant A. However, Defendant’s receipt of KRW 4 million from Defendant F is merely a direct receipt of money from Defendant B from Defendant F.

The punishment sentenced by the court below (two years of imprisonment with prison labor for six months) is too unreasonable.

The public prosecutor (or the defendant A)'s sentence imposed by the court below against the defendant A is too unhued and unfair.

The amount obtained by deceit from the victim about the defendant A and the prosecutor's argument about the grounds for appeal reaches KRW 100 million.

There is a history of punishment for the same crime.

On the other hand, the defendant seems to have accepted and reflected the crime.

In agreement with the victim, the victim does not want the punishment of the defendant.

It is necessary to consider equity in cases where a judgment is to be rendered simultaneously with each crime of fraud in the original judgment.

In addition, considering all of the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances of crime, it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

A defendant and a prosecutor;

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