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(영문) 의정부지방법원 2014.09.03 2014노1367

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant made a statement that he/she made a confession of and against each of the instant crimes; (b) the Defendant has no record of criminal punishment; (c) the victim K is relatively minor; (d) the Defendant agreed with 12 of the defrauded 28 up to the original trial; (c) the Defendant made an additional agreement with F of the defrauded; and (d) the Defendant deposited KRW 1 million for K of the victim in the first instance trial.

On the other hand, each crime of fraud of this case was committed continuously and repeatedly against many victims for a considerable period by using the cell phone, Internet ID, account, etc. under the name of another person, and the crime of joint injury and coercion of this case is bad, and the defendant jointly with Co-Defendant B of the court below, which led to injury to the victim K. The crime of joint injury and coercion of this case was committed by the defendant, and forced the above victim to stick to each letter stating the contents such as the waiver of the victim's loan claim against the defendant and the withdrawal of the victim's complaint against the embezzlement case. Considering that the defendant committed the above crime in a planned manner under the defendant's initiative in order to create favorable data in the relevant civil criminal procedure, the defendant submitted each letter to the court and the prosecution for the lawsuit of loans between the victim K and the defendant and the embezzlement case of the defendant, and that the victim K and the remaining victims were punished for the defendant, and the defendant embezzled the victim's lay or car owned by the victim (Seoul Central District Court of Justice No. 2014, Nov. 25, 2014).

Furthermore, the above deposit is to recover the total damage of the victim K.