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(영문) 청주지방법원 2017.03.30 2016노1486
사기등
Text

The judgment of the court below is reversed.

Defendant

A and B shall be punished by imprisonment with prison labor for one year, and by imprisonment with prison labor for one and half years.

(b).

Reasons

1. The gist of the reasons for appeal is that the respective punishment of the court below (one year and four months of imprisonment for each of the defendant A and B, and two years of imprisonment) is too unreasonable.

2. Determination

A. Circumstances unfavorable to Defendant A and B are as follows.

The sum of the amount acquired by the Defendants through the instant crime exceeds 320 million won.

Defendants committed the instant crime with document forgery for a considerable period of time. They committed the instant crime in a planned and repeated manner.

Defendants did not agree with the victim SK Telecom Co., Ltd.

The circumstances favorable to the Defendants are as follows.

The victim SK Telecom Co., Ltd. seems to have recovered from damage caused by the crime of this case through the penalty surcharge collected from O.

The Defendants repaid KRW 100 million out of the damages suffered by O due to the instant crime, including the penalty surcharge, and made efforts to recover the damages by preparing a fair certificate to repay the remainder later.

The Defendants agreed that the victims of the instant crime were only victims of the instant crime, and the Defendants agreed with the O, Muaz Fire Marine Insurance Co., Ltd., Samsung T&T Co., Ltd., and the above victims did not want to be punished.

The Defendants have paid the mobile phone pay and the communication fee for the instant crime.

Defendants recognize and oppose the instant crime.

Defendants had no record of being punished for the same kind of crime before committing the instant crime.

The family members of the Defendants want to take the Defendant’s wife.

B. Circumstances unfavorable to Defendant C are as follows.

The sum of the amount acquired by the defendant through the crime of this case exceeds 320 million won.

The Defendant committed the instant crime with document forgery for a considerable period of time in a planned and repeated manner.

The defendant shall not agree with the victim SK Telecom Co., Ltd.

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