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(영문) 서울북부지방법원 2019.08.16 2019노767
사기등
Text

The judgment below

All parts of the compensation order, excluding the compensation order, shall be reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The punishment (a year and six months of imprisonment and confiscation) imposed by the court below on the defendant is too unreasonable.

B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. The Defendant, against his mistake, surrenders himself to the investigative agency to commit the crime.

It is also an initial crime that has no criminal history.

In the court below, the victim G and the victim G were compensated for part of the damage amount in the victim D, N, M and the party.

This is the circumstances favorable to the defendant.

However, there is an inevitable circumstance that the defendant has to suffer severe punishment as follows.

The criminal defendant's participation in the criminal defendant is a crime that causes damage to an unspecified number of victims in a planned and organized manner and that actually causes damage that is difficult to recover from the victims, and has a great social harm.

The defendant, who has forged or falsified the documents of the Financial Services Commission, committed as if he were engaged in an investigation by a State agency, made the aforementioned forged documents and made it false to present them, and received money directly from victims. The amount of damage resulting therefrom is 27,300,000 won.

In addition, the Defendant withdrawn the amount of damage from the Makao from the Defendant’s domestic bank account by using the Makao’s Makao’s 'de-open-open-open-open-open-open-open-open-open-open-open-open-open-air, and delivered it to the Bosing personnel. Accordingly, more than KRW 10

In light of the content, degree, result, etc. of such act of participation, the nature of the crime is not very good.

The defendant still does not reach an agreement with five victims, and the victim K, which is an application for compensation at the trial, is the defendant's severe punishment.

The defendant's age, character and conduct in the above circumstances examined by the court below and the trial court.

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