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(영문) 서울서부지방법원 2017.02.09 2016노760
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant A (two years and six months of imprisonment) by the lower court is too unreasonable.

B. (1) Although Defendant B merely introduced the victim L to Defendant B, Defendant B did not intend to obtain money from Defendant A and the victim, the lower court found Defendant B guilty of the instant charges by misunderstanding the facts.

Shebly, even if the facts charged in this case against Defendant B are found guilty, the sentence of the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. Although there are favorable circumstances for Defendant A to Defendant A, including the fact that Defendant A led to the confession and misjudgment of the crime, the victim N et al. did not want the punishment against Defendant A, and the fact that Defendant A could have been adjudicated simultaneously with the crime of fraud for which conviction has become final and conclusive, the amount of money that Defendant A acquired from the victims of this case is large to KRW 50 million, the victim L was not sufficiently recovered, the damage was not sufficiently recovered, the victim committed each of the crimes of this case without being aware even though the investigation of this case was committed for the same repeated crime period, the fact that Defendant A attempted to escape abroad upon the commencement of the investigation of this case, and other unfavorable circumstances such as Defendant A’s age, career, sexual behavior, motive for the crime of this case, means and method of the crime of this case, and circumstances after the crime of this case, etc., the sentence against Defendant A is appropriate.

Defendant

A’s wrongful assertion of sentencing is without merit.

B. (1) As alleged in the grounds of appeal of this case, Defendant B merely introduced Defendant B with L to the victim, and did not agree to commit the crime of fraud, as alleged in the grounds of appeal of this case.

On this issue, I argued.

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