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(영문) 서울고등법원 2014.03.07 2013노4011

특정경제범죄가중처벌등에관한법률위반(사기)등

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All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the lower court against the Defendants in summary of the grounds for appeal (five years of imprisonment) is too unreasonable.

2. The circumstances are favorable to the Defendants, such as the fact that the Defendants led to their confessions of their own crimes and misunderstandings in depth, the fact that the Defendants returned part of the money obtained by deception to the victim P, and the fact that the benefits actually acquired by the Defendants seems to have been excessive.

However, in order to make a box for the package of a mobile phone into a fake in return for a considerable amount of money and to make it similar to its weight, the Defendants committed each of the crimes of this case systematically and artificially by preparing each of the crimes of this case by purchasing part of a fake mobile phone in order to thoroughly disguise it, including making it difficult for the Defendants to purchase part of a fake mobile phone to put it into a fake box, or making it difficult for the victims to dispute the ownership of the fake mobile phone before they look at.

In addition, the Defendants suffered damages to many victims due to the aforementioned planned crimes, and the amount of damage is also enormous.

In addition, the Defendants sought 60 million won or more to purchase 10,000,000 Won or more. The Defendants again committed the instant crime by using a fake box with the same kind of money as in the instant case, where they committed a fraudulent act similar to the instant case, as there was an investment of KRW 70,000,000,000, and as there was 60,000,000 won or more. The Defendants again committed the instant crime since they were sentenced to each sentence on September 15, 2010, with the Daejeon District Court Decision 2009Da3452, 209Dadan20170 (Evidence Record 95-999).

In the above circumstances, the defendants' age, character and conduct, environment, relationship to victims, motive, means and consequence of the crime, the circumstances after the crime, etc., and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee 1.