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(영문) 전주지방법원 2017.10.26 2017노331
사기등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.

except that this judgment.

Reasons

1. The main reasons for appeal are as follows: each sentence of the lower court against the Defendants (one year of imprisonment with prison labor for Defendant A and one year and six months of imprisonment for Defendant B) is too unreasonable.

2. The crime of this case is acknowledged that the Defendants, who conspired with G, obtained money in the name of investment by deceiving the victim while making a registration of a housing construction project by making the best payment for the company's stock price and promoting a new construction project of multi-family housing by deceiving the victim, and the nature of the crime is not weak, the amount of damage is large, and there is a history of punishment for the same crime against Defendant B

However, in light of the following: (a) the Defendants were found to have committed a crime in the first instance trial; (b) Defendant A was the first offender; (c) the Defendants did not want the punishment of the Defendants by mutual agreement with the victims; (d) the Defendants’ roles shared in the instant crime and the degree of profits acquired by the instant crime; and (e) the Defendants’ age, sexual conduct, environment, developments and motive leading to the instant crime; and (e) the sentencing conditions as indicated in the instant records and changes theory, such as the circumstances before and after the instant crime, the lower court’s punishment against the Defendants is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

【Grounds for the judgment in its entirety] The summary of the facts constituting the crime and the evidence admitted by the court in question is to be corrected as “ around November 28, 201,” and the summary of the evidence in the judgment below’s 14th page 3 of the facts constituting the crime in question is to be changed as “ around November 28, 2012,” and the summary of the evidence is to be changed as “the Defendant’s court testimony at the trial court at the trial of the first instance” in the part [each fact in the judgment against the Defendant A] to “the Defendant’s court testimony at the trial of the first instance,” and it is to be written in the corresponding column of the judgment of the court below, except where “the Defendant’s court testimony at the trial of the first instance is added.”

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