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(영문) 서울중앙지방법원 2019.11.28 2019노2729
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and eight months) imposed by the court below is too unreasonable.

2. The judgment of the court below is mainly intended for the victim who was placed in the body. It is necessary to punish the victim with severe financial loss because the victim was unable to trace the offender by concealing the identity of the offender. It is also necessary to ensure that it contributed to the concealment of the entire crime and contributes to the concealment of the crime by sharing the fact in the form of an organization, and contributes to the important role in the crime, as it is inevitable to punish the offender.

In each of the crimes of this case, the role of the defendant in charge of the crime of this case was the so-called "inducing" deceiving the victims by telephone or other means, and the responsibility for the crime is not less complicated.

All the defendants have been subject to criminal punishment throughout the period of 11 times, and two times of which are the same as each of the crimes in this case.

However, the Defendant was only involved in deceiving 5,509,000 won from seven victims for a total of 17 days from August 7, 2017 to August 23, 2017. In light of each of the crimes of this case, the liability for the crime of this case cannot be deemed as heavy, in view of the fact that each of the crimes of this case was committed.

The defendant did not command each of the crimes of this case, and only shared the simple action.

The Defendant’s profits generated from each of the instant crimes cannot be seen as increasing.

The defendant is not only the victim's attempt to punish the defendant, but also the victim AHE AIAFAJ appeals against the defendant.

The defendant shows his attitude not only to cooperate in the investigation but also to repent of his mistake by recognizing all of the crimes in this case.

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