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(영문) 광주지방법원 2018.02.21 2017노2808
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The appellant against Defendant C’s appeal shall submit a written reason for appeal to the appellate court within 20 days from the date of receipt of the records of trial (Article 361-3(1) of the Criminal Procedure Act), and if the written reason for appeal is not submitted within the said period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the same Act). According to the records of this case, even if the Defendant C received a notice of receipt of the records of trial from this court on August 7, 2017, he/she failed to submit a written reason for appeal within the period for submission of the written reason for appeal, and the petition of appeal does not contain any indication of the reason for appeal, and no reason for ex officio examination on the records is found otherwise.

2. Determination on Defendant B and A’s appeal and prosecutor’s appeal

A. The summary of the grounds for appeal (1) Defendant B and Defendant A (A)’s sentence imposed by the lower court on Defendant B (one year and six months of imprisonment, three years of suspended execution, one year of surveillance of protection, one year of community service order, and 120 hours of community service order) is too unreasonable.

(B) Defendant A1) misunderstanding of the facts and misapprehension of the legal principles A), Defendant A’s aiding and abetting the victim J (the crime No. 1 of the judgment of the court below) introduced to B the victim J seeking to rent the farmland in the Nam-gun K and 21 piece of farmland, but the Defendant did not have any specific awareness of B’s fraud and did not have any intent to aid and abetting the Defendant A’s fraud at the time.

B) Fraud against the victim N (the part of the crime No. 2-A of the judgment below) Defendant A delivered 30 million won out of the investment amount of KRW 50 million from the victim N to the private person BC by Q Q Co., Ltd., and used the remainder of KRW 20 million to the private person BC, and there was no pecuniary benefit from the above delivery of the victim N.

C) Fraud against the victim G (the crime No. 7 of the facts stated in the judgment below) Defendant A and the victim G.

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