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(영문) 서울고등법원 2015.07.17 2015노1163
영리유인등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that with respect to each type of punishment (two and half years of imprisonment, two and half years of imprisonment, and two years of imprisonment) declared by the court below to the defendants, the defendants are too unreasonable, and the prosecutor argues that it is too unreasonable.

2. The crime of this case is a case in which the defendants enticed victims E (class 2 of intellectual disability) with falling intelligence to get loans from the lending company and reported false marriage with respect to the above victims and the defendant A in order to obtain more loans from the lending company, and the contents and methods of the crime are inferior.

In addition, the Defendants committed various crimes of this case, which infringe on various legal interests, without any awareness of the crime in the purpose of acquiring loans, and there is a large degree of lack of awareness of compliance with the law by the Defendants.

In addition, even though Defendant A was punished several times for committing the crime of fraud, theft, and violence, Defendant A committed the instant crime during the repeated crime period. Defendant B also was punished several times due to the crime of larceny, violence, etc., and committed the instant crime while attaching the location tracking device during the repeated crime period.

However, the defendants have led to the fact that all of the crimes were led to the fact that they were led to the trial and the mistake is divided. The defendants' scambling the defendant's wife against the defendants, the amount of fraud by the defendants is not significant, and even if the above victim's mother's report of disappearance was made, the above victim could have returned to the above victim's house to the extent that he was induced to the defendants (this is because it was possible to grasp the location of the above victim by the above marriage report) and the defendant A, who was the largest amount of loans for each of the crimes of fraud in this case, has resolved the loans in this case loaned under the name of the above victim and agreed to the above victim only smoothly.

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