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(영문) 서울고등법원 2013.05.24 2013노1123
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for three years.

Defendant

A.

Reasons

Summary of Grounds for Appeal

Defendant

A: The sentence imposed by the court below on Defendant A (three years of imprisonment) is too unreasonable.

Defendant

B Attached Table of Crime List in the Judgment of the court below

2. Nos. 1 to 5, 31, and 32 do not borrow in relation to the business of Vietnam casino.

In other words, the No. 1 does not borrow from Defendant B, but the No. 2-5 borrowed from Defendant B as the fund for the purchase of the Category 1 Gabbbbs of 1. Criminal facts against Defendant B, and the No. 31 and No. 32 borrowed from Vietnam casino business.

The imprisonment (four years of imprisonment) imposed by the court below on Defendant B is too unreasonable.

Judgment

Defendant

As to the grounds for appeal by A, Defendant A led to the confession of all of the crimes of this case, and the same Defendant does not have any criminal records of the same criminal records and suspension of execution, etc. However, the crime of this case is a case where Defendant A acquired a total of KRW 380,00,00 from the victim B to about 17 months, and the crime of this case is very poor in view of the period of crime, the amount of fraud, the degree of the amount of fraud, and the circumstances of the crime. The damage has not been recovered up to now, and the victim B wanted to be punished by Defendant A. In addition, the punishment imposed by the court below against Defendant A in full view of all the sentencing conditions, such as Defendant A’s age, family relation, criminal records, occupation, environment, means and method of crime, and the circumstances after the crime, etc., and thus, it is inappropriate to accept the grounds for appeal by Defendant A.

Defendant

The prosecutor of the judgment ex officio as to the grounds for appeal No. B is the party to the trial, and according to the argument of Defendant B as to part of the grounds for appeal No. B, the list of offenses in the annexed indictment No. B against Defendant B.

2. On December 15, 2006, the part concerning the defraudation of KRW 19,00,000 was withdrawn. On December 15, 2006, the facts constituting the crime Nos. 2-4 and 2-4 was committed.

2. In lieu of the deletion in the part, the part shall be as specified in the annexed Table 1.1.

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