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(영문) 서울동부지방법원 2014.12.19 2014노1534
사기
Text

The judgment below

Of them, the part against the Defendants (excluding the part of the compensation order) shall be reversed.

Defendant

A shall be sentenced to two years of imprisonment;

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (two years of imprisonment, and one year and six months of imprisonment) declared by the court below against the Defendants is too unreasonable.

2. The crime of this case was committed on the grounds that Defendant A would be entitled to the right to operate a restaurant at the construction site. It is very poor that the quality of the crime was committed by acquiring 370 million won from 4 victims several times, Defendant B received 434 million won from 2 victims, and Defendant B had the record of punishment for fraud before and after the crime was committed (one time of actual punishment, one time of suspended execution, and one time of fine). However, there are some unfavorable circumstances against the Defendants, such as the Defendants’ mistake, but the Defendants have no record of punishment for fraud before and after the crime was committed, and there is no record of support for the wife, Defendant A has to recover some damages to the victims E, victim H, R, and M, and most damages to them, Defendant B received from the victim R, H, E, M, Defendant B was subject to the victim R, most damages to the victim, Defendant B had been punished by fraud, Defendant B’s motive to commit the crime of this case, the circumstances of the crime of this case’s age, character and behavior and behavior, etc.

3. In conclusion, the part of the judgment of the court below against the Defendants (excluding the part of the compensation order) shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and following the pleadings shall be decided as follows.

Criminal facts

b) the evidence;

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