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(영문) 서울중앙지방법원 2020.01.23 2019노3460
사기등
Text

The judgment of the court below on the second crime as to the judgment of the court below shall be reversed.

The defendant is a second offense in the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 4 months and 8 months with prison labor for 2 years as stated in the judgment of the court below) sentenced by the court below is too unreasonable.

2. The judgment of the defendant shall obtain 21,681,00 won from the victim G (the victim of the crime No. 1 of the judgment of the court below as stated in the judgment of the court below), shall obtain 12 million won from the victim K Co., Ltd. (the victim of the crime No. 2 of the judgment of the court below as stated in the judgment of the court below, and shall interfere with the exercise of the rights of the victim Co., Ltd..

Damage to the victim G was not completely recovered.

The defendant has been subject to criminal punishment for ten times (one time of actual punishment, one time of suspended execution, and eight times of fines). Among them, two times (one time of actual punishment and one time of suspended execution) are the same criminal records as the criminal acts of this case.

However, in the past of the trial, the Defendant agreed with Q Q Co., Ltd. and Q Co., Ltd., which received loans from the victim company to the Defendant, did not want to be punished by the Defendant.

The Defendant is aware of all the facts of the instant crimes, and the Defendant shows his attitude to repent of his mistake.

In the case of the crime of subparagraph 1 of the judgment of the court below, it is necessary to consider equity in the case of the judgment at the same time with the case of fraud for which each judgment has become final and conclusive on June 15, 2009 and April 22, 2010.

In addition, in full view of all the factors of sentencing as shown in the records and arguments, including the Defendant’s age, career, character and conduct, environment, family relationship, social relationship, motive and background of the crime, method and consequence of the crime, etc. ① In the case of the crime of Article 1 of the judgment of the court below, there is no new circumstance to deem that the sentencing condition of the court below was changed in the first instance court, and the sentencing of the court below is too unreasonable because it goes beyond the reasonable discretion, whereas ② in the case of the crime of Article 2 of the judgment of the court below, the punishment of the court below is somewhat unreasonable.

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