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(영문) 서울남부지방법원 2019.01.31 2018노1973
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the lower court is deemed to be too unhued and unfair.

2. The judgment of the court below is based on the defendant's net understanding of the facts of his crime, but the crime of this case was committed by actively deceiving the victims who were in a personal trust relationship with the defendant, and who were in a personal relationship with the person or a person in a relationship with him, and thus, its nature is very poor.

In particular, the Defendant appears to have worked for the victims (in particular, E) even in the ordinary school, and the economic situation of E is not good and hard to work as restaurant workers, and even if he is clearly aware that he has maintained his livelihood, he acquired money with E by deceptioning that he had a relationship of relationship with E, and used it as entertainment expenses and gambling funds, or used it as so-called money for the so-called amusement fund and gambling fund, or made another victim repay by defrauding the money by fraud to the other victim, and there is also a very poor motive, circumstance, and circumstances after the crime are.

(A) The Defendant acquired money by using a relationship with E and received economic support from another son during that process. Even before the investigation process of the instant case, it is doubtful whether the Defendant, even before the investigation officer in charge, expressed the attitude that she would reflect his/her mistake and commit E, etc. after the investigation is completed, it is doubtful whether the Defendant is against the truth of his/her misunderstanding, such as taking a bath against E.

The Defendant had a number of opportunities to correct his wrong character and behavior before the crime of this case was committed, but efforts to raise a normal labor or legitimate income have continued to maintain the life by means of fraud, theft, etc. under several laws similar to the crime of this case, and waste money to gambling, entertainment, etc.

(a) .

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