logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.09 2018노2213
사기등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and ten months.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ punishment (i.e., imprisonment with prison labor for one year and four months and confiscation, (ii) imprisonment with prison labor for two years and confiscation) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. As to the unjust argument of sentencing by Defendant A and Prosecutor

A. Sentencing 1) In the basic area (one month to fifteen years), the scope of the recommendation [the scope of the recommendation] set forth in the sentencing guidelines (one year and six months to three years) of the scope of the recommendation set forth in the sentencing guidelines (one month and fifteen years), the basic area (one year and six months to three years) of the recommendation (the scope of the recommendation] - in the event that the mitigation element is not punishable or considerable damage has been recovered, the second crime (official document) is committed against an unspecified or large number of victims or repeatedly for a considerable period of time / [the scope of the recommendation] the basic area (eight months to six years) of the recommendation, including the forgery and alteration of the official document (non-business and non-organization) / [the scope of the recommendation] No special sentencing guidelines set up for the basic area (one month to six months) of the recommendation, including the forgery of the official document]

B. The instant crime of fraud is a voiceing fraud that obtains money from the victim in a systematic and planned manner, and is likely to seriously harm society as a whole by massing an unspecified number of victims, and thus, it is not easy to arrest the criminal in the form of an organization in which the crime was committed by intelligencely extinguishing the methods of the said fraud. Therefore, there is a high need to prevent recurrence by taking account of the degree of participation of the persons who participated in the crime, and punishing the persons who participated in the crime with severe punishment.

However, the defendant assumes that he is an employee of the Financial Supervisory Service from the victims and shows a forged official document.

arrow