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(영문) 인천지방법원 2014.09.19 2014노2186
사기등
Text

The judgment of the court below is reversed.

In regard to the crime No. 2 of the judgment of the defendant, two months of imprisonment with prison labor for the crime No. 1 of the attached list of crimes.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (for the crimes Nos. 1 of the annexed crime list among the crimes No. 2 in the form of imprisonment with prison labor for 4 months, for the crimes No. 1 of the judgment, and for the crimes No. 2 through No. 6 of the annexed crime list No. 2 of the judgment, 10 months) is too unreasonable.

2. The Defendant, without registering, engaged in travel business without registering, and repeatedly committed the crime of defraudation of this case against several victims over a long period of two years, namely, two-year radius.

In addition, the defendant not only committed a repeated crime due to fraud but also committed the same criminal records (including four actual criminal records) exceeding 10 times.

However, in full view of the following circumstances: (a) the Defendant returned part of the amount of damage to the victim H and E; (b) the Defendant recognized his mistake; (c) the Defendant’s course and content, means and result of the instant crime; (d) the Defendant’s age, character and conduct, family relationship, environment and occupation; and (e) the sentencing guidelines prescribed by the Supreme Court determines, the sentence of the lower judgment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[C] On February 16, 2012, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Western District Court on July 2, 2012, which became final and conclusive on July 4, 2012, and the execution of the sentence was completed at the Seoul Southern District Court.

1. A person who intends to operate a travel business violating the Tourism Promotion Act shall register with the Governor of a Special Self-Governing Province or the head of a Si

Nevertheless, the Defendant, from April 8, 2013 to February 2, 2014, wishes to travel abroad and to travel abroad with the trade name “D travelman” at his own residence located in Nam-gu Incheon Metropolitan City, Nam-gu.

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