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(영문) 수원지방법원 2018.07.27 2018노1270
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. From among the facts charged by Defendant A1, Defendant A, in relation to the above part of the amount received from the victims’ account (the Nonghyup Bank and the Nonghyup Bank) under the name of Defendant B, Defendant A received and used the above amount solely, and Defendant A did not participate in it at all) and Defendant A did not receive each of the above amount as stated in the judgment of the court below, among the charges No. 7480 charge No. 7480, Defendant A, in the part No. 1 and No. 3 of the annexed crime No. 3 in the judgment of the court below, as stated in the judgment of the court below, by deceiving the victimO and receiving each of the above amounts.

C) In relation to Article 7480 of the 2017 Highest 7480 charges, the amount Defendant A received from the victim’sO is not more than KRW 14 million but not more than KRW 3.5 million. 2) The lower court’s punishment against Defendant A who was unfair in sentencing (a crime of Nos. 1 through 5 of the 2 crime list as indicated in the holding of the lower judgment and the crime of Nos. 1 through 5 of the 3 crime list: Imprisonment with prison labor for three months, and the remaining crimes as indicated in the holding of the lower judgment: imprisonment for two years and three months) is too unreasonable.

B. Defendant B (1) was involved in, or conspired with, a crime committed by Defendant A.

2) The lower court’s sentence against Defendant B, who was unfair in sentencing (one hundred months of imprisonment), is too unreasonable.

(c)

The lower court’s sentence against Defendant A by a public prosecutor (a crime of Nos. 1 through 5 of the List of Crimes Nos. 2 through 5 in the judgment of the lower court, and a crime of Nos. 1 through 5 of the List of Crimes Nos. 3: Imprisonment with prison labor for three months and the remainder of the crimes in the judgment of the lower court: imprisonment with prison labor for two years and three months) is deemed unfair.

2. Determination

A. Of the facts charged by Defendant A, the part of the money that Defendant A received from the victims to the account under the name of Defendant B was disputed to the same purport as the grounds for appeal in this part of the judgment below. As to this, the lower court, i.e., the following circumstances, i., whether the victim R was involved in the crime committed by Defendant B, and the scope of his participation, would like to clarify whether the victim R was involved in the crime committed by Defendant B, which was omitted between Defendant B and the motive.

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