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(영문) 인천지방법원 2018.01.12 2017노4154
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine all of the arguments regarding unfair sentencing by the Defendant and the Prosecutor.

In light of the above circumstances, the Defendant’s systematic fraud related to the criminal of the same case during the repeated crime due to the fraud crime and the violation of the Electronic Financial Transactions Act are repeatedly committed, and thus, there is a high possibility of illegality and criticism. The victims’ damages have not been recovered due to each fraud of the instant case, and the Defendant has been punished for the same criminal’s fraud and the violation of the Electronic Financial Transactions Act. In light of the above circumstances, it is inevitable to sentence sentence against the Defendant.

However, the fact that the sum of the amount of damage caused by each of the instant fraud crimes (22,190,000 won) falls under the following sections among the areas (less than KRW 100,000) set out in the sentencing guidelines, and that the Defendant recognized all of the instant crimes, and divided his mistake, and that the Defendant appears to have cooperated in the investigation by submitting detailed statements and materials, etc., favorable to the Defendant.

There is no change in circumstances that may be considered in the sentencing after the above circumstances and the judgment of the court below, and the scope of the recommended sentence for the crime of fraud for which the sentencing guidelines are established [the basic area of organized fraud 1 type (less than KRW 100 million), one year and six years of imprisonment - three years] / [the scope of recommended punishment] the basic area of less than KRW 100 million (10 million-6 to three years of special sentencing) (1 year and six years) in the sentencing guidelines for the crime of fraud / [the scope of recommended punishment ] (1 year and six-three years] in the basic area of less than 100 million won: simple participation; where the victim is responsible for the occurrence of a crime or the expansion of damage to the victim: the same repeated crime is committed against unspecified or multiple victims.

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