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(영문) 창원지방법원 2013.06.20 2013노352
상습사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the court below (the defendant A: the imprisonment of 10 months and confiscation, the imprisonment of 8 months) is too unreasonable;

2. The defendants' time to commit the crime of this case, agreed with the victims other than the victims of the name failure, and the defendant B has no criminal records of punishment for the same kind of crime, despite the fact that the defendants habitually engage in fraud over 80 times and do not lead the crime of this case. The defendants can be seen as leading the crime of this case, and the defendants do not seem to be against the defendants' wrong acts, such as taking money from many victims, and attempted to give other accomplices responsible for the crime of this case. The amount of damage exceeds 3.60 million won. Among them, the amount of damage exceeds 10 million won. Among them, the defendant A gains a share of 90 million won and 90 million won, among others, the defendants' age, character and conduct, environment, motive, means and consequence of the crime of this case, and circumstances after the crime of this case, etc., the court below's decision is unreasonable and it is not reasonable to have imposed excessive punishment against the defendants. Thus, the defendants' assertion of unfair sentencing is inappropriate.

3. In conclusion, the defendants' appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendants' appeal of this case is without merit. It is so decided as per Disposition.

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