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(영문) 의정부지방법원 2014.07.11 2014노670

사기등

Text

The judgment below

Part concerning the crime of Nos. 2, 3, and 6 of the judgment shall be reversed.

Defendant 2, 3, and 6 as stated in the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment with prison labor for the crimes Nos. 1, 4, and 5 in the original judgment) declared by the court below is too unreasonable.

2. Determination

A. As to the first, fourth, and fifth crimes of this part of the judgment, the defendant led to this part of the crime, did not appear to have received money under the intention of embezzlement of victims from the beginning, and agreed with the victim C at the court below, and agreed with the victim P., although there are circumstances such as the fact that the amount of damage caused by this part of the crime is considerably large, and the defendant is related to this part of the crime as a person who has been engaged in automobile sales and sales brokerage business, and this part of the crime is committed in relation thereto, and the degree of the act is not small, and all other circumstances such as the defendant's age, character, character, environment, occupation, circumstances leading to the crime of this case, details and circumstances leading to the crime of this case, etc., the sentence of the court below cannot be deemed to be unfair because it is excessively unreasonable.

Therefore, this part of the defendant's argument is without merit.

B. As to the judgment on the crimes of Articles 2, 3, and 6 of the judgment, the defendant was engaged in the automobile sales and the sales brokerage business, and all of these crimes are related to these crimes, and the defendant has a career of having been sentenced to criminal punishment on several occasions, and the defendant was sentenced to imprisonment with prison labor on May 23, 2013 and on May 31, 2013, the above judgment became final and conclusive on May 31, 2013. However, although the crime of this case was committed under the circumstances such as that the defendant was committed during the suspension period of execution, all of these crimes were led to the confession of the crime of this part, and from the beginning, it does not seem that the defendant received the money under the intention of receiving or embezzlement the victims' money.