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(영문) 광주지방법원 2013.07.24 2013노882
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A (one year of imprisonment) by the lower court is too unreasonable.

B. Defendant B was merely an investor of H as in the case of the victim, and Defendant B was guilty of mistake in the lower court that found the Defendant guilty, even though he did not recommend to the effect that he would make a profit if he had joined the fraternity and invested in H with the fraternity money, which affected the conclusion of the judgment by misunderstanding the fact.

2. Determination

A. Defendant A made a confession of criminal facts when the crime was committed at the trial, and there was no criminal conviction against the Defendant until the crime was committed. The Defendant was sentenced to a suspended sentence for eight months on January 19, 201 due to a violation of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc., and the above judgment was finalized on September 23, 201. The above judgment was finalized on July 23, 2012 after being sentenced to one year and five months on July 6, 2012. Although the above crimes were deemed to have concurrent crimes under the latter part of Article 37 of the Criminal Act, the above crimes were deemed to have committed the crime of this case, even though the Defendant was aware of the victims' intention and planned and received investments from the victims, and the Defendant did not reach the total amount of KRW 232,590,000, and the Defendant did not appear to have reached an agreement with the victims, and the Defendant did not appear to have reached the age of one year prior to the instant crime.

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