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(영문) 청주지방법원 2014.07.03 2013노931
사기
Text

The part of each judgment of the court below regarding Defendant B, excluding the rejection of an application for compensation order, shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The punishment (the first instance court: the imprisonment of 2 years and 6 months, and the second instance court: the imprisonment of 1 year) that the lower court sentenced by Defendant B is too unreasonable.

B. The punishment sentenced by the second instance court of Defendant A (four years of imprisonment) is too unreasonable.

C. The sentence sentenced by the Prosecutor against Defendant B is too unfased and unreasonable.

2. Prior to the judgment of ex officio as to the grounds for appeal by Defendant B and the prosecutor, this Court tried ex officio prior to the judgment on the grounds for appeal by each of the judgment below, and each of the offenses in the judgment of the court below against Defendant B in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Each of the offenses in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and one sentence shall be sentenced within the scope of the punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the part on

3. The defendant's judgment on the assertion of unfair sentencing by the defendant A recognizes all of each of the crimes of this case and reflects on the fact that each of the crimes of this case was committed by deceiving the loan applicants to receive personal information, and opened the cell phone to a third party, and then sold it to a third party by so-called large phone. Such crimes of this case are not only direct monetary damage to the victim communication companies, but also should be eradicated with considerable harm to society because it can be used for various crimes, such as scaming, and so forth. The number of each of the crimes of this case is considerably high and is charged with considerable amount of 496 million won only for each of the crimes of this case and the total amount of damage is charged. The defendant led the crime, was punished for the same kind of crime, and the records and arguments of the defendant's age, character and behavior, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime, etc.

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