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(영문) 의정부지방법원 2017.12.21 2017노2235

사기등

Text

The judgment below

Part 1, 2, 3, 8, and 9 of the judgment shall be reversed.

In regard to the above part of the defendant, six months of imprisonment.

Reasons

1. The summary of the grounds for appeal (crimes Nos. 1, 2, 3, 8, and 9 as indicated in the judgment below: Imprisonment with prison labor for ten months, and crimes Nos. 4, 5, 6, and 7 as indicated in the judgment below: Imprisonment with prison labor for eight months) is too unreasonable.

2. The crime of this case as to the part concerning the 1, 2, 3, 8, and 9 of the judgment of the court below is recognized as follows: the crime of this case is acknowledged as follows: (a) the crime of this case is acknowledged as having a false statement of the intent to sell valuable goods on the Internet site; (b) the amount exceeding 10,000 won is obtained from the victims exceeding 10,000 won; (c) the victim AJ Co., Ltd. provided as security to a third party without permission; and (d) the crime is not good; and (e)

However, the defendant has led to confession and reflect on the crime.

At the investigation stage, the defendant refunded some victims (victim F, AR, AV, AY) damages.

In the past, the defendant agreed with the victim AJ Co., Ltd., and the above victim Co., Ltd expressed that the defendant does not want to be punished.

In addition, the defendant agreed with the victim D, AX, and AU for the first time in the trial, and expressed his intention that the victims do not want to be punished against the defendant.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, the sentence imposed by the lower court on this part is somewhat unreasonable.

Therefore, the defendant's argument on this part is justified.

3. The judgment of the court below on the part of the crimes Nos. 4, 5, 6, and 7 of the decision of the court below is that the defendant led to the confession and the mistake, and the defendant agreed with the victim L at the stage of the court below, and expressed his intention that the victim L does not want to be punished against the defendant.