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(영문) 광주지방법원 2015.11.10 2015노504
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have been made by explaining the possibility of land development to some customers visiting the office while working as the head of the headquarters in G and preparing a written contract. However, there is no deceiving victims in collusion with A and H.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts and misapprehension of legal principles, in full view of the position and position that the defendant was in charge of G, the size of G, the period that the defendant was in charge of G, the defendant was in the place where a part of the victim and the part of the victim were in company with the contract was in company with G, and the defendant directly engaged in the brping or was in company with other employees with the brping on the land of this case, and the defendant received allowances for the amount of money received from G during the crime of defraudation against the victims, and for the contract for the victims who did not directly participate in the preparation of the contract, the defendant can be recognized the fact that the defendant conspired with A and H, such as the judgment of the court below, and therefore

B. As to the assertion on unfair sentencing, the Defendant, in collusion with A and H, acquired a total of 600 million won by selling a parcel of land with low possibility of development to nine victims at a low price. The crime quality is not good, the Defendant received a lot of monthly wages and allowances, etc., and the crime of defraudation of this case led by A, the president of G, who is the president of G, and the specific act of deception was executed, and the Defendant raised an objection against the act in a more unreasonable manner than ordinary commitments, including the fact that H did not have any record of criminal punishment, and other favorable sentencing factors such as the Defendant’s age and age.

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