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(영문) 광주지방법원 2015.12.23 2015노2420
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for Defendant A, two years of suspended execution with prison labor for Defendant D: two years of suspended execution with prison labor for ten months, and two hundred hours of community service order) is too unreasonable.

2. Determination

A. Although the facts are recognized, Defendant A’s mistake and reflects, the victim H, I and the original agreement with them, and raising young children, it seems that the lower court appears to have already taken into account the above circumstances favorable to the Defendant. On the other hand, the Defendant had the record of having been sentenced to a suspended sentence of imprisonment twice due to the same type of fraud crime, etc. The instant crime was committed in a manner that the Defendant planned the crime closely with his accomplice, installed and used special equipment, and systematically committed the crime, which is disadvantageous to the number of crimes. The degree of participation in the Defendant’s act of taking part in the deception of victims’ money by taking advantage of the circumstances, such as the background of the instant crime, circumstances after the commission of the crime, the Defendant’s age, character and conduct, etc., and the scope of recommending punishment according to the sentencing guidelines of the Sentencing Committee [the scope of recommending punishment] where the Defendant was not deemed to have been subject to the Defendant’s punishment for a considerable amount of less than 10 million won (one year to two years], and the Defendant’s assertion that the Defendant did not have much been subject to the Defendant’s punishment [the above]

B. Although it is recognized that Defendant D’s mistake and reflects, the victim H, I, and the Defendant’s health was not good, it appears that the lower court appears to have already taken into account the above circumstances favorable to the Defendant.

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