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(영문) 수원지방법원 2019.06.14 2018노6310
사기등
Text

Of the judgment of the first instance, the part of the defendant's case against the defendant A and the judgment of the second court against the defendant A, AZ and BA respectively.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court (Article 1: 1 year of imprisonment and 3 years of imprisonment) is too unreasonable.

B. Each sentence of Defendant E and AB sentenced by the lower court (one year and eight months of imprisonment, and fines of 15 million won in case of Defendant AB) is too unreasonable.

C. Defendant AZ1) misunderstanding of facts in the lower judgment erred by misapprehending the degree of participation by the said Defendant in the instant crime, and profits therefrom. 2) Punishment sentenced by the lower court of unreasonable sentencing (one year and ten months of imprisonment) is too unreasonable.

Defendant

BA1) The lower court erred by misapprehending the facts regarding whether the said Defendant voluntarily surrenders and the degree of participation in the instant crime. 2) The sentence imposed by the lower court of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on Defendant A’s grounds for appeal.

The above defendant filed an appeal against the whole of the judgment below, and the trial court decided to concurrently examine each of the above appeals cases.

However, the crime of the first and second judgments of the above defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of them must be sentenced at the same time. Thus, the part of the judgment of the court below against the defendant A among the judgment of the court below cannot be maintained

3. The lower court sentenced Defendant E and AB a fine of KRW 15 million to Defendant E, taking into account the circumstances favorable to Defendant E and AB’s unfavorable to them, circumstances favorable to them, and the sentencing guidelines of the Supreme Court sentencing committee, etc.

In the trial, there is no change of circumstances such as the conditions for sentencing, in particular, Defendant E, even though the victims have large amount of damage and many victims have occurred, there is no additional agreement, and Defendant AB is a majority of the means of access delivered and commits fraud.

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