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(영문) 서울북부지방법원 2014.01.17 2013노1127
사기등
Text

All the judgment below is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year and eight months, respectively.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

Defendant

B lodged an appeal only on the ground of unfair sentencing, but in the course of the final statement of opinion on the third trial date that was in progress after the deadline for submitting the statement of grounds of appeal, he only made the case such as delivering rice at the rice shop operated by Defendant A as the visually impaired, and did not participate in this case, and stated that there was no fact of deceiving victims or of receiving money without delay in collusion with Defendant A, such as in the facts charged.

However, the evidence duly adopted and examined by the court below and the following circumstances recognized by the court below are as follows: (i) Defendant B appears to have been engaged in rice business in a de facto marital relationship with Defendant A at the time of the instant case; (ii) Defendant B appears to have participated in most of the victims at the time of deceiving the victims as stated in the facts charged and received money as investment funds from the victims and recommended them to make investments together with Defendant A; (iii) Defendant A participated in the agency contract with Defendant A at the time of entering into the contract with the victim Q and agency contract; and (iv) it appears that Defendant B was involved in considerable part of the operation of AA, which is the issuing company of the number of shares and promissory notes issued by the victim Q and Q with the victim, and (v) the victim F, J, and K were stated to the effect that Defendant A did not appear to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have made a confession.

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