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(영문) 수원지방법원 2015.07.30 2015노2954
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the actual operator of misunderstanding of facts C is H and the defendant was not involved in the fraudulent act of this case, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The court below rejected the defendant's assertion in detail under the title "the decision on the defendant's and his defense counsel's assertion" in the judgment of the court below, which stated the same as the grounds for appeal in this part. In full view of the circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant is deemed to have been actively involved in the sale process of each vehicle of this case and the loan process using it, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts in the judgment of the court below. Thus, this part of the defendant's assertion is rejected.

B. It is true that there are favorable circumstances such as: (a) the fact that the Defendant appears to have not obtained criminal proceeds individually in the instant case on the assertion of unfair sentencing; (b) the fact that it is necessary to consider equity in sentencing with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, along with the crime of violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) in relation to concurrent crimes; and (c) deposit KRW 10 million for the recovery

However, the instant fraud is a case in which 100 million won or more was acquired through deception under a thorough plan, and the means and contents of the instant crime are very poor. Nevertheless, the Defendant does not seem to have a attitude to reflect the instant crime in depth up to the trial, and most damages suffered by the victims have not been recovered up to now.

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