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(영문) 수원지방법원 2015.08.27 2015노1601
사기
Text

Defendant

All appeals filed by the Defendants B and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The imprisonment with prison labor for Defendant B against Defendant B is too unreasonable.

B. In full view of the evidence submitted by the prosecutor against Defendant A (the factual error) in the records of this case, although it can be sufficiently recognized that Defendant A conspired with Defendant B, thereby deceiving the victim G and H, thereby deceiving the victims, the judgment of the court below which acquitted Defendant A of the facts charged of this case, was erroneous in misunderstanding of facts. 2) The above sentence against Defendant B (the above punishment of the court below) is too uneasible and unjust.

2. Determination

A. The court below found Defendant A not guilty on the ground that the evidence submitted by the prosecutor to the records of this case alone is insufficient to recognize that Defendant A conspiredd with Defendant B for the purpose of deceiving the victim G and H. In light of the records, the court below is just to have judged Defendant A not guilty of the facts charged of this case on the basis of the circumstances stated by the court below, and it does not seem that there was an error of law of misunderstanding of facts, such as the prosecutor's assertion.

Therefore, the prosecutor's assertion on this part is not accepted.

B. We examine the Defendant B and the Prosecutor’s assertion of unfair sentencing regarding the assertion of unfair sentencing, together with the assertion of unfair sentencing, and the instant case is a case in which Defendant B deceptioned the victim G and H and obtained a total of KRW 50 million from the victims, and the Defendant did not repeat the instant crime again, and the Defendant appears to have made an effort to recover the victims’ damage, such as deposit of the total amount of KRW 20 million for the victims among the trials of the lower court, etc., and the defrauded amount of the instant case.

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