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(영문) 서울동부지방법원 2019.02.19 2018노1417
사기등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts and misunderstanding of legal principles believe that the Defendant was able to secure sufficient mining equipment to the number of the extraction machines sold at the time of sale, and there were grounds for reliance on the belief, thereby deceiving the victims.

It shall not be deemed that there was an intention to obtain fraud from the defendant or that there was a criminal defendant.

(2) The lower court’s sentence of unreasonable sentencing (six years of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of facts, misunderstanding of legal principles, and Co-Defendant A did not deceiving the victims, even if Co-Defendant A deceiving the victims, the Defendant did not have conspired to commit the instant crime or participated as an accomplice.

(2) The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

C. Defendant C (unfair punishment)’s imprisonment (one year of imprisonment) is too unreasonable.

Each sentence of the lower court against the Defendants by the prosecutor (unfair form of punishment) is too uneased and unfair.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles in Defendant A and B, the lower court also asserted the same as in the trial, and the lower court convicted the Defendants of the instant facts charged, taking into account the circumstances acknowledged based on the evidence duly admitted and investigated.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and even if it is based on the testimony of the party witness B, it cannot be said that there was an error of misconception of facts or misunderstanding of legal principles as alleged by the defendants in the judgment below.

B. According to the instant argument and record on the assertion of unfair sentencing by the Defendants and the Prosecutor, the lower court appears to have made an adequate decision by fully considering the Defendants and the Prosecutor’s various grounds for sentencing, and the Defendants made an additional agreement with the victims when they came to the trial.

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