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(영문) 서울중앙지방법원 2019.08.21 2019노592

사기등

Text

The defendant's appeal is dismissed.

Reasons

The sentence imposed by the court below (one year of imprisonment with prison labor for crimes No. 1-3 of the original decision, and eight months of imprisonment with prison labor for crimes No. 4 of the original decision) is too unreasonable.

Judgment

The defendant shows an attitude to recognize and reflect the crime of this case.

It appears that some of the acquired amount of money of approximately KRW 21.9 million among the acquired amount of money of the crime of KRW 1 in the judgment below and KRW 10.5 million among the acquired amount of money of the crime of KRW 3 in the judgment below is repaid from December 1, 2017 to March 30, 2018.

(No. 46 pages). A corporation I wishes to take the Defendant’s office among the nominal holders of the document committing the alteration of a private document.

In the case of crimes of paragraphs 1 through 3 of the decision of the court below, the equity should be considered with the case of judgment at the same time as the crime of the decision

However, the sum of the acquired amount of the crime No. 1 through No. 3 in the judgment below reaches approximately KRW 110 million and KRW 58 million in the sum of the acquired amount of the crime of deception No. 4 in the judgment below. 4 in the judgment below.

Many victims are victims.

To commit fraud, the crime of forging private documents and uttering of falsified investigation documents has also been committed.

The date of prosecution is November 29, 2017, even after a public prosecution was instituted for the first crime as stated in the judgment of the court below during the period of probation as a crime which became final and conclusive.

No. 4 of the decision of the court below was committed.

Damage has not been properly recovered.

There is a history of punishment twice for the same crime.

In addition, considering all of the sentencing conditions, such as the defendant's age, character and conduct, environment, and family relationship, the sentence imposed by the court below is too inappropriate.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it has no reason to appeal.