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(영문) 서울중앙지방법원 2013.10.10 2013노1936
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

(a) The prosecutor’s sentence [the sentence of the court below shall be three years of suspended execution in one year of imprisonment, each of the crimes listed in the table of crime (1) No. 1 and 2 set forth in the table of crime set forth in the table of crime set forth in the table of 20130 [the sentence of the court below shall be three years of suspended execution in one year of imprisonment, the crimes listed in the table of crime set forth in the table of 1 (1) to 3 through 7 of the judgment of the court below, the crimes listed in the table of crime set forth in the table of 2011 to 7730 [the sentence] set forth in the table of crime set forth in the table of 201 to 2030 to 14 of the judgment of the court below, the crimes listed in the table of crime set forth in the table of 1 to 2011 to 7730 to 7847, the crime set forth in the table of crime set forth in the table of crime set forth in the table of 1 to 201 to 52 years of probation];

B. The lower court’s sentence is too too unreasonable.

2. The judgment below executed a provisional disposition of prohibition of disposal applied by L Co., Ltd. on the commercial building of this case, and there was room for legal dispute, such as dispute over the validity of the sales agency contract between G and G, but did not notify the victims. Although the defendant intended to purchase some of the commercial building of this case, he did not pay a large amount of purchase price to Hana Bank, inasmuch as the defendant received the sale price from the victims in a situation where it is not certain whether the defendant has legitimate authority to sell the commercial building of this case, and acquired it by fraud and the use of private document in the process, and the crime of the crime of this case is not good; the total amount of damage reaches 1.249 billion won and many victims; the fact that the defendant had the same criminal power to commit the same kind of crime against the defendant; the defendant is divided into and contradictory to the defendants; the crime of violation of the Act No. 11548, Jul. 1, 2017; the crime of violation of the Act No. 2017, Jan. 27, 2017.

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