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(영문) 수원지방법원 2016.05.26 2016노1286
사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor - The sentence imposed by the court below on Defendant A (one year of imprisonment) shall be too unhued and unfair.

B. Defendant B (1) The Defendants 4 and 6’s frauds in the annexed Table Nos. 6 and attached Table Nos. 4 and 6 as indicated in the judgment of the court below cannot be deemed as having been specified in the facts charged because the remittance account with the victim was insufficient.

Therefore, even though the judgment of dismissal of prosecution against each of the above frauds was rendered, the judgment of the court below which found the above frauds guilty is erroneous in the misapprehension of legal principles as to the specification of the facts charged.

2) The punishment sentenced by the lower court to Defendant B (two years of imprisonment) is too unreasonable.

2. Defendant A’s judgment on the prosecutor’s appeal recognized the instant crime as a substitute for the instant crime, and the role of Defendant A in the instant crime is a cash withdrawal liability, and the fact that Defendant A was not a leading position to the instant crime is favorable to Defendant A.

However, the crime of this case committed by Defendant A by abusing the deliberation of the victims who want to engage in goods transaction, is highly likely to be strict, and is committed in a planned, organized, and intelligent manner. Of the crime of this case, the amount of damage incurred by Defendant A’s participation exceeds 120 million won in total, and most of the damage has not yet been recovered, and Defendant A was sentenced twice a sentence due to fraud, etc., and was punished several times for property crimes. Defendant A was released from Korea in 2014 upon introduction of Defendant B during the repeated crime of “work loan” called “work loan” in collusion with AD, and then released from Korea in 2014. Defendant A took part in the crime of this case with Defendant B during the repeated crime period; Defendant A appears to have obtained considerable criminal proceeds from the crime of this case; Defendant A appears to have obtained considerable criminal proceeds from the crime of this case; Defendant A’s age, sexual behavior, environment, family relationship, etc. after comprehensive consideration of the sentencing conditions of Defendant A.

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