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(영문) 서울남부지방법원 2015.12.08 2015노1390
사기등
Text

1. The part of the lower judgment against Defendant A, B, and D shall be reversed.

2. Defendant A shall be punished by imprisonment with prison labor for a year and two months, and Defendant A.

Reasons

1. Summary of the Defendants’ grounds for appeal

A. A summary of the grounds of appeal against the first instance judgment: (a) Defendant A attempted to recover KRW 30 million from Co-Defendant B; (b) provided funds necessary for the instant crime; (c) did not completely instruct Co-Defendant B to commit the instant crime; (d) did not operate a motor vehicle; and (e) did not participate in fraud to F on June 5, 2015 using the said motor vehicle; (c) agreed with the victimO; (d) deposited KRW 80,000 for the victim F; (e) deposited money for the victimF; and (e) did not have any history of punishment for the same kind of crime; (e) imprisonment with prison labor for one year sentenced by the lower court is too unreasonable; (e) Defendant B’s family members, such as one’s children; (e) cooperation in the investigation; (e) Defendant A’s consent to the instant crime; and (e) Defendant’s imprisonment with prison labor for the instant case; and (e) Defendant’s imprisonment with prison labor for a small amount of one-month period and one-month sentence.

3) In light of the circumstances, such as the fact that Defendant C is against the Defendant, that he must support his family, such as young children, that he was going to commit the instant crime by the solicitation of Co-Defendant B, that the benefit acquired by the instant case is small, the sentence of 8 months which was sentenced to the first instance trial is too unreasonable. 4) In light of the circumstances such as the fact that the Defendant D is against the Defendant, that he was going to commit the instant crime by the solicitation of Co-Defendant B, that the benefit acquired by the instant case is small, the sentence of 6 months which was sentenced to the first instance trial is too unreasonable.

B. The summary of the grounds for appeal against the second judgment of the court below is against the defendant A, and is against the victim.

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