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(영문) 서울동부지방법원 2013.08.13 2013노660

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor and two months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The crime, such as the crime of this case, is a crime committed in a systematic and intelligent manner against many and unspecified persons, and the nature of the crime is very poor, the social and economic harm is very high, and the victims have structural characteristics that are not easy to recover damage, and thus, the defendant has contributed significantly to the crime of this case by withdrawing the amount of damage for several months and remitting it to his accomplices. The defendant did not stop licensing crimes even after he knew of the fact that he was arrested by an investigative agency around October 11, 2012, but rather, he continued to commit the crime of fraud of Article 2 of the decision of the court below under the direction of a total liability of the defendant. The defendant was punished by imprisonment with prison labor for the victims of this case, the defendant has not recovered from the previous crime of this case, and the defendant has been sentenced to a suspended sentence of imprisonment for two times against his accomplices.

However, all of the crimes of this case were detained for eight months, and the defendant seems to have sufficient opportunity to repent his mistake in depth, and again, the defendant does not repeat again. The defendant has no criminal record of the same kind, the defendant C andO was sentenced to the suspension of the execution of imprisonment with prison labor due to the crime of Bosing fraud in Seoul Eastern District Court 2012 Godan2754, Seoul East Eastern District Court, and other records and arguments are shown.