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(영문) 서울중앙지방법원 2019.09.26 2019노2145
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant and the prosecutor’s assertion of unfair sentencing is mainly subject to the victim who was placed in the physical condition and concealed the identity of the offender, thereby having a big property loss to the victim. Moreover, the victim may not be able to trace the offender. Moreover, the victim may have a big loss of property by spreading to society, creating a conviction for the prevention of the crime, preventing the damage to the society as a whole. The method of the crime is also defective, and even the subordinate participant may contribute to the concealment of the entire crime by sharing the action in the form of an occupation organization, and contributing to the substantial contribution to the concealment of the crime and sharing the important role in the crime. Therefore, it is inevitable to punish the offender.

The role of the defendant in the crime of Bosing in this case is so-called the so-called "collection and delivery" or "delivery", and the document in the name of the Chairperson of the Financial Services Commission was forged and used to this end.

The sum of the acquired money of this case is 51.5 million won.

On September 7, 2017, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court for fraud, and was sentenced to two years of probation on September 15, 2017, and again committed each of the instant crimes, even though the judgment was confirmed on September 15, 2017.

However, the Defendant did not lead the instant Bosing crime, and only shared the simple act of implementation.

On January 4, 2019, Bohishing committed on January 4, 201.

In comparison with the amount of fraud of this case, the actual profit of the defendant is not so big.

In the court below's decision, the defendant agreed with the victim FF, Q, L, J and the victim, and the above victims do not want to be punished.

The defendant recognizes all of the crimes of this case, and repents his mistake.

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