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(영문) 수원지방법원 2012.11.22 2012노3282
사기등
Text

The judgment below

Part concerning Defendant F and G shall be reversed.

Defendant

F. be punished by imprisonment for a term of one year.

Defendant

G.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant F’s assertion of mistake of facts (1) GH (attached Form 6 No. 4) and FI (attached Form 6 No. 3) are not victims of fraud, the lower court found Defendant F guilty of this part of the facts charged. The lower court erred by misapprehending the legal doctrine.

(2) Defendant F was detained from October 12, 2010, and thus, Defendant F was found guilty of this part of the facts charged even though Defendant F did not participate in the case where Defendant F applied for compensation to the Korea Land and Housing Corporation after October 12, 2010. The judgment of the court below is erroneous in the misapprehension of legal principles.

B. The court below found Defendant H guilty of this part of the facts charged even though there was no intention to acquire the purchase price by deception, and there was no intention to arrest AG by confinement. The court below erred in the misunderstanding of facts.

C. Of the facts charged in this case’s assertion of mistake of facts by Defendant I, Defendant I, in collusion with Defendant F and BE, acquired KRW 390,50 million through 10 times. Defendant I merely received the price for the purchase of the punishment of KRW 50,05 million from Defendant F, and thus, Defendant I is not guilty of fraud as to the exceeding part of the charges. However, the judgment of the court below is erroneous in the misunderstanding of facts.

In light of the prosecutor’s assertion of unfair sentencing in light of all of the sentencing conditions of the instant case, the lower court’s sentence against Defendant E (two years of suspended sentence in October) is too uneasible and unfair.

E. Examining Defendant A, B, D, F, G, H, and I’s claim on unfair sentencing in light of the overall sentencing conditions of this case, Defendant A: Imprisonment with prison labor for five years; imprisonment for two years; imprisonment for three years; imprisonment for two years; and Defendant D; imprisonment for two years; imprisonment for one year; imprisonment for two years; imprisonment for three years; imprisonment for three months; Defendant G; and Defendant H: imprisonment for 10 months; imprisonment for 10 months; and 4 months; and Defendant I.

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