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(영문) 서울중앙지방법원 2018.07.12 2018노1473
사기
Text

The prosecutor's appeal is dismissed.

The defendant shall obtain money from the applicant BR 105,000 won and the applicant AI.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment and one million won of fine) is too uneased and unreasonable.

2. As to the grounds for appeal, the Defendant was sentenced to a fine on several occasions for the same kind of crime and was sentenced to a suspended sentence of two years on July 11, 2017, and was during the suspended sentence period, the Defendant committed each of the instant crimes despite the fact that he/she committed the instant crime, committed the crime to raise money for gambling, and there is a high possibility of criticism in the motive for the crime, and the victims are many victims and the victim did not recover from damage, there is room to view that the Defendant’s strict punishment is necessary.

However, on the other hand, the defendant is relatively old and the total amount of damage is about 12 million won.

It is difficult to see it.

Furthermore, it is inevitable to consider the fact that the suspended imprisonment with labor is invalidated and the imprisonment with labor in this case should be integrated.

In full view of other circumstances that serve as the conditions for the argument and the sentencing indicated in the record of the instant case, such as the character, conduct, environment, motive and background of the Defendant, means and method of the offense, and the circumstances after the commission of the offense, etc., it is not recognized that the sentence imposed by the lower court is too una

3. The applicant BR seeks payment of KRW 105,00 in the amount of the defrauded damage, KRW 108,00 in the amount of the defrauded damage, KRW 108,00 in the amount of the defrauded damage, KRW 180,00 in the amount of the defrauded damage, and KRW 205,00 in the amount of the defrauded damage.

According to the records, the defendant is recognized to have acquired each corresponding money from the applicant for compensation. Thus, the defendant is recognized to have acquired each corresponding money from the applicant for compensation [213,00 won from the damage amount No. 9 of the crime list No. 213,000 plus the damage amount of the applicant for compensation and the applicant for compensation who is the husband (=108,000 won)], and the defendant is in accordance with Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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