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(영문) 수원지방법원 2017.10.27 2017노5078
사기등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

B Imprisonment for two years, and Defendant C.

Reasons

1. The reasoning of the appeal is that the sentence of the lower court (three years of imprisonment; one year and six months of imprisonment; one year and six months of imprisonment; one year and one year of imprisonment; six months of imprisonment) is too unreasonable.

2. Determination

A. The court below's determination on the following facts: (a) confessions Defendant B of all crimes and reflects them late; (b) equity with the case of receiving judgment at the same time with the crime of acquiring stolen goods for which judgment of the court below became final and conclusive; (c) the victim AO agreement was made smoothly with the victim; (d) the degree of participation in the crime of fraud against the victim capital companies is not much much than A; and (e) the damage seems to have been recovered considerably; (d) the crime of fraud was committed several times of fraud; (e) the victim capital companies were punished for the same kind of crime; (e) the total amount of the damage was 200 million won; (e) the victim capital companies did not have agreed with the victim capital companies; (e) there was no agreement with the victim capital companies; (e) the fraud crime against the victim capital companies is planned in advance by deceiving the victim in advance by attaching the vehicle number plate; and (e) the defendant's leading act was committed; and (e) the defendant's motive to commit the crime is too unfavorable to the punishment of the defendant; and (e) the motive to commit the crime.

B. The facts that Defendant C made a confession and reflects to all the crimes, equality with the case of receiving a judgment at the same time with the crime of aiding and abetting fraud, etc. which became final and conclusive in the judgment of the court below, the fact that there was no record of punishment before the above final and conclusive conviction, the fact that the victim AO agreed smoothly with the victim, each of the crimes of this case seems to have never been actually acquired by the defendant, and each of the fraud of this case

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