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(영문) 서울중앙지방법원 2016.10.13 2016노1447
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced to the Defendants (e.g., one year and three months of imprisonment, six months of imprisonment, and two years of suspended execution) are too unreasonable.

2. In the appellate trial, the defendants recognized all of the crimes of this case as an interest rate, and are against each of the crimes of this case. Defendant A paid KRW 38.7 million to the victim K as an interest rate (Article 85 of the evidence record No. 2015-Ma35). The court below deposited KRW 30 million for the victim P, and Defendant B appears to have not been able to benefit from the crimes of this case. While there are favorable circumstances for the defendants, the victim K wanted to punish the defendants, and the damage was not recovered except the amount paid as interest rate. Defendant A was sentenced one time of suspended sentence of imprisonment with prison labor for fraud, two times of fines, and Defendant B was sentenced to imprisonment with prison labor for fraud, three times of fines, one time of fines, and two times of fines for fraud, and there were many same criminal records, after the court below sentenced the judgment below, there are no special changes in circumstances to change the punishment of the defendants, and Defendant B did not have any motive or motive for the crime of this case, etc., and there are no extenuating circumstances that the defendants's motive and circumstances before and after the criminal sentencing.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there are no grounds for appeal by the defendants. It is so decided as per Disposition.

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