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(영문) 서울남부지방법원 2018.05.24 2018노493
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 (unfair sentencing) fully recognized the instant crime and reflects the depth of the Defendant, the Defendant paid the Victim I KRW 7 million to the Victim L, KRW 20 million to the Victim L, KRW 20 million, and KRW 20 million to the Victim N, the Victim I expressed an agreement with the Defendant during the original trial and expressed an intention not to punish the Defendant, the Defendant is endeavoring to recover and agree with the present damage, the Defendant is now making efforts for the recovery of damage, and the Defendant’s health is not good, and the Defendant is under an operation with a diagnosis around May 2008. In light of the fact that the Defendant’s health is not good, the Defendant’s spouse of de facto de facto marital marriage with Defendant B and a spouse of de facto marital marriage with a good health, etc. who has difficulty in social life due to depression and depression, etc., imprisonment (one year) with prison labor is too unfair.

B. Defendant B (misunderstanding of facts) was found to have a coffeed with Defendant A when the victim et al. found Defendant A, and did not have any talk about how to divide them. However, the lower court erred by misapprehending the fact that it found the Defendant guilty of the charge of fraud, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. It is more favorable that Defendant A’s judgment on the wrongful argument of sentencing of Defendant A returned KRW 7 million for the victim I before the investigation of this case was conducted, KRW 20 million for the victim L, and KRW 20 million for the victim N, the Defendant expressed his intent not to punish the Defendant upon agreement with the victim I during the judgment of the court below, the Defendant recognized the Defendant as substitute for his criminal act, and the Defendant submitted counter-written arguments during the trial of this case, etc.

However, the defendant has repeatedly committed the fraud of the law by taking employment on the basis of social status, political person, official fees, etc. for a considerable period.

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