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(영문) 서울고등법원 2013.12.12 2013노3251
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the lower court (three years of imprisonment with prison labor, six months of imprisonment with prison labor, and two years of imprisonment with prison labor) against the Defendants in summary of the grounds for appeal is too unreasonable.

2. Determination:

A. It is recognized that Defendant A recognized all the instant crimes from the time when the investigation was conducted by Defendant A with respect to Defendant A, and divided his mistake, and that Defendant A appears to have not reached a large amount compared to the amount of fraud, and that the damage caused by each of the instant crimes against Victim AH Co., Ltd and AB is deemed to have been fully recovered.

However, each of the crimes of this case committed by multiple co-offenders, including Defendant A, in accordance with the plan, committed by forging the identity card and loan application documents, etc. of the landowner in accordance with the plan, and by using one of the co-offenders as if the landowner is the landowner, or by deceiving a steel seller with heavy amount of money, in light of the method and content of the crime, and the degree of damage, etc., the crime is not good. Defendant A already committed the crime of forging public documents at Seoul High Court on June 23, 1987; two years of imprisonment with prison labor for the same crime at the same court on October 13, 1994; imprisonment with prison labor for the same crime; imprisonment with prison labor for the same year and six months; imprisonment with prison labor for the crime of forging public documents; imprisonment with prison labor for the same year and six months; imprisonment with prison labor for the crime of forging public documents; imprisonment with prison labor for the same offense in Busan District Court on July 15, 199;

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