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(영문) 광주지방법원 2016.01.07 2015노2514
사기
Text

The judgment of the court below 2 and the judgment of the court below 3 are reversed.

Defendant

The punishment against AI is one year of imprisonment, and defendant NO.

Reasons

Summary of Reasons for appeal

A. According to the evidence submitted by the prosecutor, the prosecutor 1) misjudgment of facts (the part not guilty of the first instance judgment and the second instance judgment) and the prosecutor, the first instance court acquitted the Defendant AI not guilty of the charge of fraud or fraud by using computers, etc. against the Defendant A, B, E, and I, and the second instance judgment not guilty of the charge of fraud by the Defendant AI. Thus, the lower court erred by mistake of facts.

2) The first instance court and the second instance court’s punishment against the Defendants under unfair sentencing (excluding Defendant H and NO) are deemed to be too uneasible and unfair.

A) Defendant A: Defendant D: Imprisonment with prison labor for a period of 1 year and 4 months; Defendant A; Defendant D: a suspended sentence of 2 million won for a period of 10 months; Defendant AI for a period of 2 years; Defendant E with prison labor for a period of 6 months; Defendant F; Defendant G with prison labor for a period of 1 year and 8 months); Defendant G with prison labor for a period of 10 months; Defendant A with prison labor for a period of 2 years; Defendant G with exchange; Defendant G with prison labor for a period of 10 months;

B. Defendant B’s mistake of the facts as to Defendant B’s name is attached to the judgment of the first instance court in the name of the corporation.

4. The part of the small amount of fraud against AP stock companies and JF under the crime sight list is not involved.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

(c)

Defendant

The sentence of the AI court (the second judgment of the court below: 2 years of suspended execution for 6 months of imprisonment, and 2 years and 6 months of imprisonment) is too unreasonable.

(d)

Defendant

E1) Defendant E by mistake of fact

2. Crimes Nos. 1, 2, 4, 5 through 7, 12, 13, 16, 18, 19, 27, 34, 36 through 38, 40 through 42, and 52, each cell phone opening fraud and small amount of fraud (small amount in the case of 4 or 18), and 2, attached Table;

3. The type Nos. 1 through 4, 6, 21 through 24, 26, 31, 32, 35, 42 and 43 of the crime sight table, and the type of frauds by opening each cell phone at the same time, 3 annexed hereto;

4. Each small amount frauds 1 through 17, 19 through 34 in the table of crime inundations, 4 annexed hereto.

5. There has been no participation in the fraud of each television rental from 1 to 3, 6 to 8, 12 to 23 set forth in the list of crimes.

(ii)..

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