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(영문) 서울고등법원 2013.12.26 2013노2036
사기등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The sentence imposed by the lower court on the Defendants in summary of the grounds for appeal (three years of imprisonment, four years of suspended sentence, two years of imprisonment, three years of suspended sentence) is too uneased and unreasonable.

2. The instant crime committed on the basis of the following facts: (a) as the Defendants could obtain high profits by carrying out the business of importing swine scrapers or the business of growing swine, deceiving the victims as if they were able to obtain high profits; (b) the crime was very heavy; and (c) the Defendants did not recover the total amount of damages to the victims up to the trial; and (d) the victims L, M, and P wanted to be punished by the Defendants, it is necessary to punish the Defendants with severe punishment.

However, on the other hand, the defendants agreed with the victim D, J, and K that they did not want to be punished by the above victims, and in particular, the victim D who suffered from approximately KRW 597 million, submitted a written application for a prior action to the court below and the court below for the defendant (the victim D submitted to the court below a letter that he would be transferred 25% of the shares of the new business corporation from the defendants). The defendant B seems to have little consumption or possession of profits from the crime of this case. Prior to this case, the defendant A was sentenced four times to a violation of the Road Transport Vehicles Act, and the defendant B did not have any history of being punished by a fine or a fine heavier than that sentenced to a fine for the same crime. The court below's sentence against the defendants seems to have been determined in full consideration of the various circumstances as seen earlier, and there is no particular degree of change in circumstances, motive and consequence of the crime of this case to the court below and the court below.

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