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(영문) 인천지방법원 2020.04.02 2019노3801

사기

Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment of one year and ten months.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. The respective types of punishment sentenced by the lower court to Defendant A and C (the three years of imprisonment for Defendant A and the two years of imprisonment for Defendant C) are too unreasonable.

B. The prosecutor's decision (the defendant B, D: one year and six months of probation, three years of probation, and two hundred hours of community service order) declared by the court below to the defendants is too unhued and unfair.

2. Determination

A. The crime of this case against Defendant A was committed on a systematic and planned basis against many unspecified victims, and the crime of Bosing requires heavy criminal liability due to serious social and economic harm caused thereby, Defendant A actively participated in the crime of Bosing committed in a systematic and organized manner in China, Defendant A entered China several times to repeat the crime, Defendant A’s number of victims due to Defendant A’s crime and amount of damage, and Defendant A did not reach an agreement with victims.

On the other hand, in comparison with the amount of damage, Defendant A's confessions and reflects a crime, and the profit gained by Defendant A appears to be relatively significant, and there is no criminal record exceeding the punishment power or fine due to the same crime.

The above circumstances are as follows: (a) comprehensively taking account of the circumstances leading up to Defendant A to the instant crime; (b) the age, character and conduct, environment; (c) motive for the instant crime; and (d) circumstances that are the conditions for sentencing as shown in the pleadings of the instant case, such as the circumstances leading up to the instant crime; (d) the punishment imposed by the lower court is too heavy or unreasonable; and (e) thus, the allegation by

B. The part against Defendant C actively participated in the crime of Bosing that Defendant C organized in China, and the Defendant committed the instant crime during the period of repeated crime.