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(영문) 대구지방법원 2018.01.19 2017노4973
사기
Text

The Defendants’ appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant B: one year and two months of imprisonment and confiscation; two years of imprisonment and confiscation; Defendant C shall be punished; and Defendant D shall be subject to a compensation order of KRW 64,678,00 which is obtained by deceit to Defendant D and the respective applicants for compensation) is too unreasonable.

2. The judgment of the court below recognized the whole crime of this case, the defendants Eul agreed with the victim L, and the damage amount of the victim's Z appears to have been returned in relation to the defendant Eul, but there is a need to strictly punish the participants in the crime of this case in light of the fact that the method of the so-called " Bosishing" crime, such as the crime of this case, is becoming worse and the damage is growing. In the case of the defendant Eul's participation, the damage amount is KRW 43.6 million. In the case of the defendant Eul's participation, the damage amount is a large amount exceeding KRW 110 million. In the case of the defendant Eul's participation, the damage amount is more than KRW 10 million,00,000,000, and the damage amount was not recovered due to the crime of this case. The defendant Eul was sentenced to imprisonment with prison labor and completed its execution, and there was a history of probation and punishment due to the crime of this case, and other criminal defendant C's age, behavior, degree of participation in the crime, and circumstances after the crime.

3. In conclusion, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the judgment of the court below is clear that “B” under Article 364(4) of the Criminal Procedure Act is a clerical error in the “money,” and therefore, the court below’s ex officio correction is to be made pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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