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(영문) 의정부지방법원 2017.07.04 2017노783
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In regard to each fraud described in the list of crimes Nos. 4, 9, and 10 as indicated in the judgment below against the Defendants among the facts charged in this case, the victim G received a purchase proposal from the Defendant B, and immediately confirmed the answer by requesting the Defendant A to make an appraisal, and determined that the payment was made in full. Even if the victim received in advance the goods or paid part of the price, the victim was paid in advance.

Even before determining whether to purchase or not, this is a circumstance before determining whether to purchase or not, and there is no obstacle to recognizing the Defendants’ conspiracy.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

② Of the facts charged in the instant case, as to each fraud described in Nos. 19, 20, and 21 of the crime inundation table 19, 20, and 21 as indicated in the judgment of the court below against Defendant B, Defendant B sold the victim by deceiving himself. Therefore, the judgment of the court below which acquitted Defendant B of this part of the facts charged

2) The sentence sentenced by the lower court to the Defendants (Defendant A: 10 months of imprisonment, 2 years of suspended sentence, 10 months of imprisonment) is too uneased and unfair.

B. Defendant A’s sentence that the lower court sentenced to the Defendant is too unreasonable (the Defendant led to the confession of the crime in the trial).

Defendant

B1) As to the guilty portion of the judgment of the court below which found Defendant B guilty of this part of the facts charged on a different premise, the judgment of the court below which found Defendant B guilty of this part of the facts charged was erroneous and adversely affected the conclusion of the judgment, despite the fact that Defendant B did not deceiving the victim and not acquire the property or financial gains equivalent to KRW 69.5 million

2) The sentence sentenced by the lower court to the Defendant is too unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. 1) The lower court on the part of the allegation is not guilty.

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