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(영문) 서울북부지방법원 2019.05.17 2019노297
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of imprisonment (one year and two months of imprisonment) imposed on the Defendant by the lower court is too unreasonable.

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

2. The criminal defendant's participation in the judgment is a crime of causing damage, which is virtually difficult to recover from the victims, in a planned and organized manner against many unspecified victims, and has a great social harm.

As if the Defendant was an employee of the Financial Supervisory Service, the Defendant made a false statement, such as suggesting false documents to the Financial Services Commission, and played a direct role in receiving money from the victim, and the amount of damage therefrom is not 22.4 million won in total.

In light of the degree of participation in these crimes or the scale of damage, it is not good that the crime is committed.

This is disadvantageous to the defendant.

However, the defendants recognize all crimes and reflect on their gender.

In the lower court, the victims agreed to pay half of the amount of damage to each other, and even after the agreement was reached, they continued to make efforts to recover damage, such as paying 5.8 million won, which is the remaining amount of damage, to the victims C in addition, and paying 3 million won, to G.

There is no history of criminal punishment for a crime. Family members, supporters, and victims also want to take the action against the defendant.

The period of detention of the defendant was about 2/3 of the term of imprisonment in the court below.

This is the circumstances favorable to the defendant.

In full view of the aforementioned circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is deemed to be too unreasonable.

Therefore, the defendant's argument on this is reasonable, and prosecutor's.

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