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(영문) 서울중앙지방법원 2016.10.13 2016노2260

상습사기

Text

All appeals by the Defendants and by the Prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (one year and six months of imprisonment) against Defendant A is too unreasonable.

B. Defendant B (1) Of the facts charged against the Defendant of mistake of fact, the part of Articles 8 through 17 of the List of Crimes Attached to the original judgment was withdrawn at the request of Co-Defendant A without knowing that it was the money acquired by the Co-Defendant A’s fraudulent act. Although there was no conspiracy or participation in the crime committed by Co-Defendant A, the lower court erred by misapprehending the facts, thereby convicting the Defendant of all the facts charged.

(2) The lower court’s sentence (eight months of imprisonment) against the Defendant of unreasonable sentencing is too unreasonable.

C. The lower court’s sentence against the Defendants by the prosecutor is too unhued and unreasonable.

2. Determination

A. The evidence duly adopted and examined by the lower court and the first instance court as to Defendant B’s assertion of mistake of fact, and, in particular, according to the consistent statement from Co-Defendant A’s investigative agency to the first instance court, it is sufficiently recognized that the Defendant was involved in each of the above crimes in collusion with A with the knowledge of the crime committed in the part of Articles 8 through 17 of the List of Crimes, as shown in the facts charged.

The defendant's above assertion is without merit.

B. We examine both the Defendants and the prosecutor’s assertion of unfair sentencing as to each assertion of unfair sentencing.

Defendant

A’s acknowledgement of the entire mistake is against the Defendants, and Defendant B’s participation is relatively minor, and the profit gained by the instant crime is less, and a partial commission of the crime is recognized, and it is favorable for the Defendants to deposit part of the amount of damage in the first instance.

On the other hand, the frequency of the crime of this case and the amount of damage did not small, but the defendant A did not make efforts to compensate for damage or recover damage, and the defendant B did not seriously reflect upon the denial of some of the crimes.