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(영문) 전주지방법원 2014.07.18 2014노120
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (in the case of Defendant A: one year and six months of imprisonment, three years of suspended execution and three years of probation, one year of suspended execution and two years of suspended execution) against the Defendants is too uneasible and unfair.

2. The crime of this case is deemed to require a strict punishment against the Defendants in light of the following: (a) the Defendants conspired to commit the crime of this case by deceiving the victims as if they were to be supplied and supplied with the machinery that the Defendants had already been supplied by Defendant A; (b) the method of committing the crime was planned and damaged considerably high amounts of KRW 250,80,000; (c) the Defendants did not reach agreement with the victims; and (d) the Defendants could not be deemed to have completely recovered from the victims; (b) on the other hand, the Defendants’ confessions of the crime of this case and their management have deteriorated; (c) Defendant A appears to have led to the crime of this case to recover the machinery cost that was produced and supplied by Defendant A; (d) there were some circumstances that could be somewhat different from the circumstances leading up to the crime of this case; and (e) Defendant A normally paid rental fees for a considerable period after the crime of this case; and (e) Defendant B deposited the victim with the victim’s age of KRW 28,800; and (e) the Defendants’s allegation that the above Defendants’ health and health conditions were unreasonable.

3. In conclusion, the prosecutor's appeal against the defendants is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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