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(영문) 서울중앙지방법원 2013.03.08 2012노4225
사기
Text

All appeals by the Defendants and by the Prosecutor against Defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A (unfair form of punishment) was not actively deceiving the victim I, that the money received from the said victim was not used for a private purpose, that the money was deposited, that is, the violation of the amount of damage, and that the health is not good, the sentence of the lower court (two years of suspended execution in October, that is, two years of suspended execution, probation, and community service for 200 hours) is too unreasonable.

B. In light of the fact that Defendant C led Defendant B to recover his claim, deposited KRW 95 million for the victim U, and reflected in the crime, the sentence of the lower court (one year of imprisonment) is too unreasonable.

C. Considering the fact that Defendant C (unfairly unfair) paid KRW 54 million to the victim U.S., reflects the fact that the sales contract was cancelled between Y and X, the lower court’s imprisonment (one year and six months) is too unreasonable.

Considering the fact that the prosecutor (defendant B) has a large amount of damage and the failure to reflect, the punishment sentenced by the court below to the defendant B is too uncomfortable.

2. Determination

A. Defendant A is against Defendant A, and the fact that Defendant A deposited the victim I’s damage amount with Defendant B in the original trial and restored the damage is favorable.

However, in full view of the fact that the amount of fraud is large, the victim I did not reach an agreement with the court below, and the court below seems to have sentenced to a suspended sentence against the defendant A, taking into account the above favorable circumstances, and all other circumstances that form the sentencing conditions specified in the records and arguments of this case, such as the defendant A’s age, character and conduct, motive, means and consequence of the crime, etc., and the circumstances after the crime, it cannot be deemed that the sentence of

B. Defendant B is against Defendant B, and the amount of damage the victim I deposited with Defendant A in the original trial and the damage was recovered, and the victim U.S. is the victim.

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