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(영문) 서울고등법원 2016.04.19 2015노3596
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

Defendant

A, C and D shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for ten months.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendants (three years of imprisonment, four years of suspended execution, two years of imprisonment, three years of suspended execution) is too unfluent and unfair.

Defendant

Defendant A’s judgment on the part A, B, and C does not have any criminal record other than punishment for a fine of 6 grade for driving under the influence of alcohol, and there is no criminal record other than punishment for Defendant B and C. In the case of Defendant B and C, the Defendants have led to the confession of the crime of this case, and the amount equivalent to the profits acquired by the Defendants was used as expenses, such as the purchase price of the goods and the sales commission paid to the telecomter, and the profits actually acquired by the Defendants seems to be much less than the acquired amount. In the case of Defendant A, B, and C, Defendant A, B, and C, making efforts to restore the amount acquired by the Defendants to society, such as contributing a considerable amount of money late to the welfare center, etc., which is favorable to the Defendants.

On the other hand, the crime of this case was committed habitually, planned, and organized by employing telemabter, as well as by deceiving many decent citizens who want to help disabled persons, and the criminal liability is very significant. Furthermore, due to these crimes, the public trust in supporting activities for disabled persons is gradually dead, resulting in the aggravation of the status of the socially disadvantaged, including the disabled, and eventually, resulting in the aggravation of the status of the socially disadvantaged. The period of the crime of this case by the defendants was about three years, and the amount of fraud was about KRW 590 million in the case of Defendant A, KRW 370 million in the case of Defendant B, KRW 990 million in the case of Defendant C, and KRW 90 million in the case of Defendant C, which is disadvantageous to the defendants.

The above circumstances and the Defendants’ .

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