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(영문) 의정부지방법원 2013.10.31 2013노1443
사기
Text

The judgment below

The part of each defendant's case against the defendant B and C shall be reversed.

Defendant

B Imprisonment for one year, Defendant .

Reasons

1. The summary of the grounds for appeal against the Defendants is unreasonable because each of the punishments of the lower judgment (one and half years of imprisonment, one and half years of imprisonment, and eight months of imprisonment) is too unreasonable.

2. Determination

A. Although the fact that Defendant A was guilty of committing the crime in this case, it seems that the actual gain acquired by the crime in this case is not significant, it is deemed that Defendant A was aware of the fact that the Defendant planned the crime in this case with many other accomplices, including G, etc. in advance, and distributed the roles systematically and thereby led to the occurrence of a large number of victims, and the amount of damage was not recovered to the present time, the amount of damage was received from Defendant A to receive 30% of the profit from the crime, and actively participated in the crime, Defendant A took part in all stages of the action to complete the crime, the fact that Defendant A took part in the crime, the fact that Defendant A took part in the crime, the fact that Defendant A took part in the crime, the fact that there was a history of punishment by receiving insurance money from the victim of the traffic accident, and that Defendant A took full account of the age, character, occupation and behavior, occupation and environment, the circumstances and result of the crime in this case, and the circumstances after the crime, etc., and the judgment below’s punishment is unreasonable.

B. Defendant B’s sentence is inevitable in light of the following: (a) the Defendant planned the instant crime with many other accomplices, including G, in advance, planned the instant crime; (b) contributed to the commission of the crime in a systematic manner; (c) caused many victims; (d) the amount of damage was large; and (e) Defendant B did not recover from damage until now; and (e) was involved in almost all stages of the commission of the instant crime. However, Defendant B’s punishment is against the mistake while committing the instant crime; and (d) the substantial consequence of the instant crime is attributable to the instant crime.

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