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(영문) 서울중앙지방법원 2013.08.13 2013노1627
사기
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor of one year and three months, and by a fine of one thousand five hundred,00 won.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts1) The facts of the fraud of paragraph (1) of the judgment of the court below in the judgment of the court below is not the defendant A but the defendant A committed independently by the defendant B. The facts of the fraud of paragraph (1) of the judgment of the court below are as follows: (a) the defendant A did not deceiving the victim G; (b) the second paragraph (a) is the money used by the above victim for the purpose of the business proposed by J; (b) the second paragraph (c) is the money used by the defendant B; (c) the third paragraph (c) is the money of the defendant B; and (c) the third paragraph (a) was in the process of M&A for the "L" company; and (b) the third paragraph (c) was in the form of a seller's agreement with P & fee; (c) there was no criminal intent of fraud; and at the time of the third paragraph (b) of the judgment, the defendant A did not have any false statement with the victim N; and (d) there was no error in the judgment of the court below finding the defendant B and the defendant guilty.

B. 1) Even if Defendant A’s criminal facts are acknowledged, the sentence of the lower court against the above Defendant (one year of imprisonment) is too unreasonable and inappropriate in light of the gravity of the instant crime, the Defendant’s criminal history, and whether the damage was recovered, etc.

3) Even if Defendant B’s criminal facts are recognized, in light of the circumstance leading up to the instant criminal facts, and the present situation of the said Defendant, the lower court’s sentence against the said Defendant ( Imprisonment).

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