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(영문) 수원지방법원 2013.12.05 2013노4816

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

2. On December 23, 2009, the Defendant was involved in the crime that was committed in a systematic and planned manner and was sentenced to 3 years of suspended execution (which became final and conclusive on December 31, 2009) in the Ulsan District Court on December 23, 2009, and 2 years of suspended execution (which became final and conclusive on April 24, 2010) in April 16, 2010, without being aware of each of the past two years of suspended execution (which became final and conclusive on April 24, 2010). In addition, the Defendant committed the same kind of crime in the instant case during the two suspended execution periods, and the Defendant was more likely to have committed several criminal acts, as in the instant case, including the fraudulent records (which refers to the evidence record 148 pages) that acquired money under the name of “money purchase fund.”

In addition, although the defendant made a confession of all the crimes in the trial (the defendant asserts that the "C" has no profit acquired by himself with the whole amount of the crime, but there is no material corresponding thereto other than his statement), the crime of this case is an organized and planned crime by sharing the role according to the secret plan set in advance among the accomplices, and not only is the damage amount of 68 million won, but also is not less likely to be criticized, and there is no circumstance to make efforts to recover damage even though the victim was not agreed with the victim, and even though the victim suffered a big pain due to the crime of this case, there is no circumstance to make efforts to recover damage, and one year and eight months from the date of the crime after the escape, and arrest (refer to the evidence record record 5 pages) on July 12, 2013 after the crime of this case was committed, and all of the above suspended execution periods have passed, and the circumstances and contents of the crime of this case, occupation, behavior, family relation, etc., as a whole, are considered in the records.