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(영문) 수원지방법원 2018.08.17 2018노2508
사기등
Text

The Defendants’ appeal is dismissed.

Reasons

1. The decision of the court below against the defendants on the summary of the grounds for appeal (one year of imprisonment for defendant A, six months of imprisonment for defendant B and two years of suspended execution) is too unreasonable.

2. As stated in its reasoning, the lower court determined the Defendants’ punishment by comprehensively taking into account the favorable circumstances and unfavorable circumstances for the Defendants, as well as the circumstances asserted by the Defendants on the grounds of appeal, including the fact that Defendant A agreed with the victim K, also appears to have been considered in the sentencing process of the lower court.

Considering the Defendants’ age, sexual conduct, environment, family relation, motive, means and consequence of the crime, etc., various circumstances, which are the conditions for sentencing as shown in the lower court and the pleadings after the crime, such as the circumstances after the crime, are recognized at the time of the trial, and Defendant B additionally repaid KRW 1 million to the victim G, the lower court’s punishment against the Defendants is too unreasonable.

Therefore, the above assertion by the Defendants is without merit.

[Defendant and defense counsel, despite the fact that the Defendants remitted at least KRW 56 million to Victim G, the lower court determined that the Defendants paid approximately KRW 20 million as interest, and therefore, asserted that there was error in finding facts that constitute the premise for sentencing.

However, the following circumstances revealed by the evidence duly adopted and investigated by the lower court, namely, ① the amount remitted by the victim to the Defendants is deemed to exceed KRW 100 million. Of them, only the Defendants’ joint crimes of KRW 59.2 million, Defendant A’s sole crime of KRW 27450,000,000 were specified as the amount of fraud of this case; ② The Defendants and the victims were given money lending and repayment several times over a long period, and the evidence alone is difficult to accurately calculate the amount of the change in the amount of the instant money fraud, and ③ the victims are victims.

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