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(영문) 서울동부지방법원 2013.11.08 2013노1038

사기

Text

The judgment of the court below is reversed.

The imprisonment with prison labor for the accused shall be determined by one year and two months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Prior to the determination, the Defendant had been punished for the same kind of crime as this case several times. The Defendant committed the crime against the victims of this case, which was sentenced on July 8, 2004 to two years and six months of imprisonment on the violation of the Act on the Control of Narcotics, Etc. (hereinafter “the Act”), and committed a repeated crime after completion of the punishment on October 19, 2006. The victim C shall obtain money from the victim F for the cost of issuing new Zealand employment visa, and shall obtain money from the victim F for one year or longer, under the condition of marriage with the Defendant, and obtain money for divorce expenses with the husband. Considering the fact that there is a heavy character and conduct between the victim and the victim’s husband, the Defendant committed the crime of this case, which has a large amount of damage to the victim’s total amount exceeding KRW 140 million,000,000, which has not been recovered to Japan after committing the crime, the Defendant did not return to the Defendant’s family relation with his mother, which has been favorable to the Defendant’s mother of the Defendant’s age of this case.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the defendant's appeal is reasonable.