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(영문) 의정부지방법원 2017.08.18 2017노1389
유가증권변조등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. Determination

(a) The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud [the scope of the recommended punishment] and the aggravated area (two and half years to six years] of the aggravated area (the amount shall be not less than KRW 100 million, and the amount of less than KRW 500 million) [the specially aggravated person] method of committing a crime is very poor (the case where a crime concerning documents is accompanied by a document in the course of committing a fraud crime, it shall not be treated as a majority crime and only be treated as

B. Determination of sentence recognizes all of the crimes of this case, and there is no record that the defendant has been punished for the same or a similar crime or has been punished beyond the fine.

However, in order to repay debts due to gambling, the Defendant presented the payment date of promissory notes issued D by D by altering the payment date of such promissory notes, and committed a crime by deceiving 210 million won under the name of the discount. The method of crime is very poor, and even though the considerable period has elapsed from the date of crime, the Defendant did not agree with the victim H of the crime of fraud or did not repay the amount of damage.

The defendant transferred his retirement allowance claim to the victim H.

However, insofar as the company of third party accepts it or does not pay the transferred claim, it is difficult to regard it as a measure for the recovery of actual damage.

Rather, the victim H brought a lawsuit claiming damages against the defendant and the corporation as the case No. 72785 against the defendant and the corporation is the High Government District Court 2017.

In addition, when the victim H filed a complaint with the representative director C of the above company, who is the issuer of a promissory note, together with the Defendant, as co-offenders, considering the fact that C had a criminal investigation into the status of the suspect, or that the above company’s claim was provisionally seized, causing considerable damage to the business management, it is inevitable to punish the Defendant.

Such circumstances and the age, sex, environment of the defendant;

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