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(영문) 춘천지방법원 강릉지원 2013.06.25 2013노100
사기
Text

Defendant

All appeals filed by A and B and by the Prosecutor C and D are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (two years of imprisonment) is too unreasonable.

B. Defendant B, while working in the Ministry of Business, did work and received benefits in accordance with the direction of A, etc., and did not know about the content of the business accurately, it cannot be deemed that there was a criminal intent to commit fraud.

Nevertheless, the court below which found the defendant guilty has erred in misunderstanding of facts or misunderstanding of legal principles.

C. The prosecutor (defendant C, D) served for a long period of time in Defendant C, and D had a position to fully recognize the financial situation of the company or the development outlook of real estate.

Nevertheless, the victims actively recommended the purchase of real estate, and the victims actively participated in the crime in order to pursue their economic interests without simply conveying the contents of education from A, etc. in the process.

Therefore, the intent of the Defendants to jointly realize Defendant A’s fraud crime was expressed.

The judgment of the court below which acquitted the defendants on the premise that it is difficult to view that there was a functional control over the above or functional control over the above.

2. Determination

A. Determination of the grounds for appeal by Defendant A on the grounds of each of the instant offenses was made to recover a considerable portion of damage inflicted on the AE and AG among the victims of each of the instant offenses, and some damage was recovered through T, AI, and AJ dividends, etc., and there are favorable circumstances for the Defendant.

However, in full view of all the sentencing conditions, including the fact that the applicable law is planned, organized, and sealed, and the total amount of damage is considerable, and the victims who did not escape from the damage still want to be punished against the defendant, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

B. Defendant B’s ground of appeal

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