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(영문) 수원지방법원 2017.10.20 2017노274
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

However, this decision is delivered to the Defendants.

Reasons

1. Summary of the grounds for appeal 1) Defendant B’s punishment (one year of imprisonment) is too unreasonable.

2) The prosecutor of the lower court’s sentence (one year of imprisonment and two years of suspended execution) (with respect to Defendant A) is too unhued and unfair.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The prosecutor applied for changes in the indictment in exchange for the facts charged in the trial, and the judgment of the court below can no longer be maintained as the case is permitted by this court.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed ex officio, and the following is decided as follows, on the grounds of the above ex officio reversal.

【Grounds for the judgment in other words] The facts constituting a crime and the summary of the evidence admitted by the court in this court and the summary of the evidence are as follows: 6-9 of the judgment of the court below 3rd 6-6-9 of the court below. The defendants deceiving the victim as above and let the victim borrow a Mump loan amounting to KRW 20 million around May 9, 2014, and acquired property profits equivalent to the same amount after receiving the Mump loan from the victim in order to use the loan in mind.

“The Defendants conspired to induce the victim as above, and caused the victim to make a head of a Maspbook with the limit of 20 million won on May 9, 2014, and then received the head of the Maspbook. Around that time, the Defendants received loans of KRW 19,943,497 in total from around December 17, 2014, and the Defendants obtained pecuniary benefits equivalent to the amount of the loans from the victim to the Defendant’s liability.

Except as stated in each corresponding column of the judgment of the court below, the appeal is accepted in accordance with Article 369 of the Criminal Procedure Act, as it is, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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