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(영문) 의정부지방법원 2018.05.25 2018노863
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence 1 to 3 shall be confiscated.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment, confiscation) is too unreasonable.

2. The so-called “singishing” crime, such as the instant crime, is committed in a systematic, planned, and intelligent manner, and is highly likely to cause social harm, and even if it is difficult to arrest the entire organization, it is necessary to severely punish a part of the crime.

The amount obtained by deceit due to the crime of this case is approximately KRW 82 million, and the amount is also large.

The victims did not recover from damage properly.

This is disadvantageous to the defendant.

However, the defendant recognized the crime of this case from the investigation stage to reflect it.

The period of the defendant's participation in the crime of this case is about one week, and the degree of his participation is relatively small.

In addition, there is no significant benefit from the crime of this case.

The defendant is an initial offender who has no record of criminal punishment.

This is the circumstances favorable to the defendant.

With respect to each of the above circumstances and each of the sentencing guidelines established by the sentencing committee of the Supreme Court, it is one year and six months to three years of imprisonment as it falls under the basic area among the types 1 (less than KRW 100 million) of systematic fraud (in cases of a special aggravated person: a victim of an unspecified or large number of victims or repeatedly commits a crime for a considerable period, a special mitigated person: a special mitigated person: a person in simple participation): Provided, That there is no sentencing guidelines for attempted fraud, and there is no sentencing guidelines for each of the above frauds for which the sentencing guidelines have been set and the attempted frauds for which no sentencing guidelines have been set are concurrent crimes under the former part of Article 37 of the Criminal Act, so only the lower limit of the sentencing guidelines for each fraud for which the sentencing guidelines

The circumstances in which the sentencing conditions indicated in the records of this case, such as the Defendant’s age (the Defendant is 21 years of age, gender, family relationship, family environment, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., are considered.

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