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(영문) 서울중앙지방법원 2017.06.22 2016노4761

사기등

Text

The defendant's appeal is dismissed.

Reasons

When considering the fact that the defendant has reached an agreement with the victims with his or her gender, the sentence imposed by the court below (one year of imprisonment, two years of suspended execution, and two hundred hours of community service order) is too unreasonable.

Judgment

The sentencing guidelines shall apply [Scope of Recommendation] General Fraud No. 1 (10,000 won or less) in the basic area (6-1,000 won or less) [no special sentencing person] / (1,000 won or less) / The main reason for suspension of execution / The sentencing of the court below is reasonable in the event that the substantial damage is considerably small or considerable damage is recovered, ② The sentencing of the court below is unfair in the event that the defendant is found to be erroneous, ② the victim E in the course of the crime is 360,00 won (total money by fraud), 892,00 won (total money by fraud), 781,00 won (total money by fraud 1,52 million won) to the victim J. 50,000 won (the total amount of money by fraud 1,520,000 won) / The victim I and J 300,000 won (Evidence No. 124,124,300,000 won) were repaid to the victim 4, and part of the remaining damage No.

④ The victims are also responsible for committing a crime by expecting the victims to make a short-term profit and making investments therein.

① However, the instant crime was committed by the Defendant by deceiving three victims on the pretext of business investment, and by deceiving 44,90,000 won, which is a large amount of fraud, ② twice the suspension of the execution of imprisonment with prison labor for the same kind of crime (2 years of suspended execution in April 2007, 2 years of suspended execution in April 2007, and 2 years of suspended execution in year 2009) and one time of fine (2 years of suspended execution in year 2012).