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(영문) 서울중앙지방법원 2019.09.19 2019노2494
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant, by recognizing each of the instant crimes, has shown not only cooperation in the investigation but also his attitude to repent of his mistake.

The part of the judgment below's crime 82,790,606 of the fraud of credit card price means the amount obtained by acquiring the credit card price as provided in paragraph (1) of the same Article is deemed to be the credit card price used by the defendant together with the victim

On January 30, 2019, the Defendant was sentenced to imprisonment with prison labor for not more than two years and six months for fraud in Busan District Court's Dong Branch Branch. On August 31, 2019, the judgment becomes final and conclusive on August 31, 2019, it is necessary to consider equity in cases where the judgment is to be rendered simultaneously with the above

It seems that the health status of the defendant is not good.

However, the defendant acquired 110,630,606 won from all victims, and the responsibility for the crime is very important.

The victim suffered serious damage due to each of the crimes in this case, and such damage seems not to have been completely recovered.

The Criminal Procedure Act is similar to this case and the Criminal Procedure Act, and the defendant committed each of the crimes in this case while being tried at the Busan District Court's Dong branch branch, and the judgment becomes final and conclusive.

The Defendant has a past record of criminal punishment for 12 times (4 times of actual punishment, once of suspended execution, and seven times of fines) and seven times of the past records of criminal punishment (4 times of actual punishment and three times of fines) are criminal records of the same kind as the instant crimes.

In addition, considering the defendant's age, career, character and conduct, environment, family relationship, social relationship, motive and circumstance of the crime, method and result of the crime, etc., the sentence of the court below is deemed to be somewhat unreasonable.

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