(영문) 서울중앙지방법원 2019.07.11 2019노1096

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(영문) 서울중앙지방법원 2019.07.11 2019노1096

사기

Text

The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (two years of imprisonment for each of the defendants) is too unreasonable.

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

2. In the judgment of the court, the crime is mainly against the victim who was placed in the body and concealed the identity of the criminal, thereby making the victim unable to trace the criminal, thereby causing a big financial loss to the victim. In addition, the crime is likely to prevent any damage to the society as a whole by spreading a scarcity into society, causing the cost of conviction for the prevention of the crime, causing bad methods, and even the subordinate participants, contribute to the concealment of the entire crime by sharing the commission in the form of an organization, and contributing to the concealment of the crime, and it is inevitable to make a strict punishment because they share an important role in the crime.

In each of the crimes of this case, the role of the defendants in the criminal acts of this case was the so-called "induction" deceiving the victims by telephone, etc., and the responsibility for the crime is not easy.

The sum of the amount acquired by deceit due to each of the crimes of this case is 5,823,00 won in the case of the 2018 Highest 7214, and 80,329,500 won in the case of the 2018 Highest 7295 (Joint) case.

However, the Defendants did not command each of the crimes of this case, and only shared the simple action.

The Defendants’ profits derived from each of the instant crimes cannot be seen as increasing.

The Defendants appear not only to cooperate with the investigation by recognizing all of the crimes of this case, but also to repent their mistakes.

After the judgment of the court below was rendered, the Defendants agreed with P, AA, Z, AC, etc. among the victims of the 2018 Highest 7214 case, and U, AG, etc. among the victims of the 2018 Highest 7295 (Joint Family) case, the said victims did not want to be punished by the Defendants.

Defendant

In the case of B, the obstruction of one's exercise of rights has already become final and conclusive.

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