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(영문) 서울남부지방법원 2019.10.15 2019노831

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the defendant does not commit a crime in a planned and intentional manner but commits a crime, and it violates the victims' depth in mind. The criminal records of the defendant are both identical criminal records, the defendant has a plan to fully repay the amount of damage by returning to society, there are family members to support the defendant, and the defendant's mother's death during the number of the defendants is dead and the defendant's wife's health becomes worse, and the defendant's return to society would be the most sincere and sincere way. In light of the above, the sentence of imprisonment (two years of imprisonment) imposed by the court below is too unreasonable.

2. The judgment of the Defendant exceeded two cases in 2012, 2013, 1 case in 2015, 2015, and 1 year in 2016, and the victims continued to commit six frauds for a long time, and the total amount of the acquired amount or the amount of profit was KRW 420 million, and the total amount of damage was KRW 340 million (the amount of damage to the defrauded S was confirmed as KRW 20 million).

Among them, the Defendant committed the crime of forging private documents in the name of the Korean running company.

The crime of this case by the defendant is very heavy and bad.

However, there are extenuating circumstances, such as ① the Defendant’s full recognition of the instant crime in the course of the lower court and the trial of the party, ② the Defendant, after being arrested or detained as the instant case, submitted a number of rebuttals later, making it difficult to see that the Defendant’s mistake is divided.

① However, for a long period of time after each of the instant crimes, the victims did not agree with the victims and did not recover from damage. ② The victims want to punish the Defendant. Of them, the victim I would bring about fraud again to other persons at the prosecution.