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(영문) 서울중앙지방법원 2013.10.24 2013노2519

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the circumstances leading up to the Defendants to the instant crime, the degree of participation in the instant crime, and the situation where the Defendants are currently faced with, the sentence against the Defendants (a two and half years of imprisonment, and confiscation, Defendant B, and C: one and half years of imprisonment, and one and half years of confiscation, and confiscation).

2. Determination:

A. In light of the favorable circumstances such as the Defendants’ common sentencing grounds for sentencing both recognize and reflects their respective crimes up to the trial of the trial, the instant crime is an organized and intelligent crime that takes property by purchasing goods from multiple department stores of the Republic of Korea with forged credit cards after forming an international organization that forges the credit cards of various foreign banks, and then, the crime of this case is disadvantageous to the Defendants.

B. Although Defendant A and most of the goods purchased by Defendant A had almost favorable conditions for the recovery of damage by being seized before they were taken out of the Republic of Korea, Defendant A had been punished for one year of imprisonment, two years of suspended execution, and two years of imprisonment with prison labor in the Republic of Korea in 2002, and again committed the instant crime in 2006, despite the fact that Defendant A had been punished by imprisonment with prison labor in 2006, and the amount of damage to the said Defendant’s part was not small, and Defendant A received orders from other Defendants, and thus, the lower court erred in recognizing that Defendant A had been in a position to directly direct the rest of the Defendants, such as monitoring other Defendants’ criminal acts and delivering things acquired by them. Thus, Defendant A did not directly use the forged credit card in the Republic of Korea.