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(영문) 서울중앙지방법원 2013.07.26 2013노1972

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) that the court below sentenced against the Defendants is too unreasonable.

2. In light of the fact that the Defendants were in depth divided and reflected in the judgment, the method of the crime of this case and the degree of the Defendants’ participation, considering the fact that the Defendants appears not to have much profits gained by the Defendants compared to the amount of the fraud of this case, excessive competition among the victim companies appears to be one of the factors inducing the crime of this case, and the co-offender H of this case agreed with the victim KT Co., Ltd., and even in the case of the victim SK Telecom, it seems possible to compensate for losses to a certain extent through the guarantee insurance system, etc.

However, each of the instant crimes committed by the Defendants requires a transfer of money, but it is not unreasonable for the lower court to have imposed each of the instant offenses on the Defendants because it was committed by attracting persons who are unable to borrow money from a financial institution to use a dub service combined with the purchase of the Nowon-gu book and paying only a part of the money sold in the Nowon-gu and acquiring the remainder of the money by the Defendants and accomplices. It cannot be deemed that the crime is less severe because the number of such offenses and the amount of fraud are not so significant. Considering the circumstances favorable to the Defendants, the lower court sentenced to a punishment that deviates from the lower limit of the sentencing guidelines in light of various favorable circumstances, and taking into account the Defendants’ age, character and conduct, motive, means, and consequence, and all of the sentencing conditions specified in the instant records and arguments, such as the following circumstances.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, since all appeals by the Defendants are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.