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(영문) 서울서부지방법원 2017.04.27 2016노1381
사기
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for not less than three years and six months.

. Prosecutors;

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing)’s sentence (five years of imprisonment) is too unreasonable.

B. The prosecutor (misunderstanding the facts about Defendant B) provided the victim X to A for the purpose of receiving import fees with the knowledge of the fact that he/she was false educational background and career experience and that he/she did not have any foreign exchange ability to obtain a loan.

In the judgment of the court below, there is an error of mistake as to finding the defendant not guilty of the facts charged.

2. Determination

A. The fact that Defendant acquired a total of 1.2 billion won of loan-related expenses, etc. from many victims without any foreign exchange capacity by pretending to have false academic background and career is very poor in terms of the method of crime and the degree of damage, and the liability for the crime is also grave, and the crime of fraud against some victims constitutes a same repeated crime. There are many records of punishment for the crime of fraud in the past, and the damage has not been completely restored until now.

However, in full view of all the sentencing factors indicated in pleadings, including the defendant's age, sex, family environment, etc., the sentence of the court below is somewhat unreasonable, and thus, the defendant's assertion pointing this out is justified. The defendant's argument is justified. The defendant's argument pointing this out is justified. The defendant's argument is justified. The defendant's argument is with merit. The defendant's argument is justified. The defendant's argument is justified. The defendant's argument is without merit. The defendant's argument is justified. It is so decided as per Disposition by the assent of all participating Justices.

B. (1) A’s summary of the facts charged with Defendant B’s appeal is determined as follows: A’s “I” office located in Gangnam-gu Seoul Metropolitan Government H in the middle of December 2, 2013, and “I” office to the victim X,” and “I will create a racing industrial complex.”

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