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(영문) 서울중앙지방법원 2019.01.30 2018노3642
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant (unfair) fully recognized the Defendant’s mistake and reflects the Defendant’s mistake, that the Defendant repaid a considerable amount of money to the victims during the commission of the crime and thus, the actual amount of damage is much smaller than the amount of the defrauded recorded in the crime, that there was no criminal record for the same kind of criminal record and suspended execution, and that there was no criminal record above the Defendant’s family relationship, etc., the Defendant’

B. In light of the following: (a) the prosecutor (unfair) is the majority of the victims; (b) the amount of damage is the maximum amount; (c) the period of the crime is a long time; and (d) the crime is committed in a manner that prevents the use of personal trust relationship, such as the offender, and is deemed to have been poor in the number of crimes; (b) the purchase, etc. of stolen money is deemed to have been caused by the purchase, etc. of stolen money; and (c) the victim did not repay considerable parts of the acquired money

2. The circumstances favorable to the defendant are that the defendant recognized the entire crime and seriously reflects the fact that there are no criminal records of the same kind or suspension of execution or more, and that some of the victims seem to continue abnormal investments in the desire to obtain high profits.

On the other hand, the fact that the total amount of the victims acquired is more than 1.9 billion won, even if following the defendant's assertion, the victims' actual amount of damage is more than 600 million won, the fact that the victims committed a long-term crime mainly against the scams, such as relatives, etc., and the fact that there is poor quality of the crime such as purchase of high-priced vehicles or lease of houses without repayment to the other victims with the money acquired through deception, and that all the victims want the punishment of the defendant is disadvantageous to the defendant.

In addition, in full view of all the sentencing factors such as the defendant's age, character and conduct, environment, family relationship, circumstances before and after the crime, etc., the court below's sentence shall be imposed even when considering the defendant and the prosecutor's assertion

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