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(영문) 서울중앙지방법원 2017.11.30 2017노2655
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one year and six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant, as a member of an insurance company, was known to the victim C as an insurance company, would use the defendant's personal debt of KRW 250 million to repay the principal and interest by investing in the savings bank's financial instruments and return the principal and interest, etc., by deceiving the above victim, which received a total of KRW 270 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00.

In addition to punishment of a fine of 1.5 million won in 201, a fine of 2.5 million won in 2013, a fine of 2.5 million won in 2013, and a fine of 1.5 million won in 2013 due to gambling, the defendant has no other power.

On the other hand, when the defendant denies part of the crime in the court below, he made a confession in whole at the trial court (the trial record 65 pages), and made a mistake against the defendant.

The defendant paid KRW 50 million to the victim C at the original trial, and paid KRW 90 million in addition to the above judgment, and agreed with the victim to pay KRW 140 million in full at the trial of the party, and the victim was forced to suspend the execution of the defendant (the reference materials attached to his defense counsel's written opinion on November 13, 2017). In addition, the defendant agreed to pay KRW 12560,000 to the victim M in the original trial on condition that the victim paid KRW 15,000 to the victim and additionally paid KRW 3,00,000 per month, and the above victim suspended the execution of the defendant.

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