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(영문) 서울북부지방법원 2017.09.21 2017노1210
사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding the legal doctrine, the Defendant did not have conspiredd with the Defendant to commit the instant fraud with his name-free singinging staff, and the Defendant did not have a joint processing intent and functional control as a joint principal offender. Although the role of the Defendant was merely a crime of aiding and abetting, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

(2) The sentencing of the lower court’s improper sentencing (one year, six months, and confiscation) is too unreasonable.

B. The sentencing of Defendant B (one year of imprisonment and confiscation) by the lower court is too unreasonable.

(c)

The above types of punishment that the court below decided against the Defendants are too unhued and unfair.

2. Judgment on the grounds for appeal

A. In full view of all the circumstances, such as the reasoning of the lower court’s judgment as to Defendant A’s assertion of misunderstanding of the legal doctrine, and the evidence duly admitted and investigated by the lower court, the fact that the Defendant committed the instant fraudulent act in collusion with the name and the Buddhist person who caused the commission of the crime of Bosing, can be sufficiently recognized.

Therefore, the judgment of the court below did not err in the misunderstanding of legal principles as alleged by the defendant, and the defendant's above assertion is without merit.

B. Under the judgment of each of the Defendants and the Prosecutor’s unfair sentencing arguments, each of the Defendants and the Prosecutor’s unfair sentencing arguments is also examined.

The criminal act committed by the Defendants is a crime that causes damage to an unspecified number of unspecified victims in a planned and systematic manner, and the nature of the crime is very serious, and in the case of Defendant A, the victims did not agree individually with the victims, and there are unfavorable circumstances to the Defendants.

However, the defendants are both primary offenders, the victims do not have actual damage due to the crime, the defendant B's agreement with the victim N in the case of the defendant.

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