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(영문) 서울중앙지방법원 2020.03.20 2019노2475
사기
Text

The judgment below

Among the parts related to the defendant's case and the compensation compensation application part for C and E, D.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing) is not liable as a co-principal since not only did the Defendant have had the intention of deception but also did not conspired with the Defendant B.

In addition, the sentence of one-year imprisonment sentenced by the court below is too unreasonable.

B. The sentence of one and a half years of imprisonment sentenced by the lower court is too unreasonable.

2. Determination on Defendant A’s grounds for appeal

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles, it is reasonable that the court below acknowledged the fact that the defendant conspireds with the above defendant B by deceiving the victims, and therefore, the defendant is liable for a crime as a co-principal.

Defendant

A’s assertion in this part is without merit.

B. In light of the content of the instant crime, the method of taking place, and the amount of money obtained by deception as to the assertion of unreasonable sentencing, the Defendant’s liability for the crime is not somewhat weak.

However, when the victim C and E have reached an agreement at the trial, the above victims wish to take the defendant's wife, and the defendant has no record of criminal punishment.

In full view of the above circumstances, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is somewhat heavy.

Therefore, Defendant A’s assertion of unreasonable sentencing is justified.

3. The defendant's decision on the grounds of appeal by the defendant B is the representative of the so-called planned real estate business entity and takes into account the fact that the defendant led the crime of this case as the representative of the so-called planned real estate business entity and the fact that the amount of fraud is considerable, and the above victim wants to take the defendant's wife against the defendant by agreement with the victim E in the trial, and there is no record that the defendant

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