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(영문) 서울중앙지방법원 2014.12.12 2014노3786

사기등

Text

Of the judgment of the first instance, the prosecutor and the defendants' appeal concerning the defendant's case are all dismissed.

The judgment of the first instance is in the judgment.

Reasons

1. As to the sentencing of each court of first instance (one year and three months of imprisonment, and one year of imprisonment) against the Defendants in the summary of the grounds for appeal, the prosecutor appealed on the grounds that the Defendants are too unhued and unreasonable.

2. We examine both the judgment on the grounds for appeal and the Defendants’ assertion of unfair sentencing.

The crime of fraud, etc. of this case committed by the Defendants is limited to the organized and professional fraud type which committed the crime by closely planning in advance for the purpose of committing the crime by sharing the roles of multiple persons in accordance with the sentencing guidelines of the current Sentencing Commission, and also to the aggravated special punishment corresponding to the case where the crime was committed repeatedly against unspecified or multiple victims. As such, among the types 1 (less than KRW 100,000) of the organized fraud, the scope of the sentencing range, the minimum of the sentence, the minimum of the sentence, and the upper limit of the concurrent crimes concerning the same and different types of crimes, based on the aggravated area (less than 2 years and 6 months of imprisonment, not more than 4 years of imprisonment) among the types 1 (less than 10,00

However, there is no previous conviction against the Defendants in depth, and there is no criminal conviction against the Defendants. The Defendants deposited KRW 1 million in the victim G in the first instance trial, and all other circumstances that form the conditions for sentencing as indicated in the records, such as each age, character and conduct, environment, family relationship, and circumstances after the crime. In addition, when the Defendants paid damages to the victim D and agreed that the victim D did not want to be punished by the Defendants, and the Defendant A additionally deposited KRW 1 million in the victim G, it is lower than the lower limit of the recommended sentencing guidelines as seen earlier.