(영문) 광주지방법원 2020.02.06 2019노2887 | 리걸엔진

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(영문) 광주지방법원 2020.02.06 2019노2887

사기

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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (ten months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment has been already punished several times due to the crime of fraud of the price of goods. However, in the case of the crime against the victim E, the crime of fraud of the same kind of goods (Seoul District Court 2018DaMa3425) is committed in the course of the judgment (In the case of the crime against the victim H, the responsibility for the crime is very heavy; in the case of the crime against the victim H, the crime is committed in the course of the crime against the above E; in the case of the crime against the victim F, even though the defendant is married and became up to his/her age, the crime is committed in the situation where he/she acquired money under the name of the victim's satisfaction and access to it and used it for the cost of living, etc., while the crime is very bad, the victim E and H have no want to be punished of the defendant; while the victim E and H are fully admitted to the crime; and the fact that equity is to be judged simultaneously with the case where the judgment becomes final and conclusive, the circumstances of the crime of this case, the age of the defendant after the enactment of the Criminal Procedure, and the sentencing guidelines.

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Aggravation factors of crime No. 1 (Fraud) [Determination of Punishment] : General Fraud [Type 1] below KRW 100 million (Special Aggravation): Where a person commits a crime against unspecified or many unspecified victims or repeatedly commits a crime for a considerable period of time (the area of recommendation and the scope of recommendation), the area of aggravation of punishment [the area of recommendation and the scope of recommendation], one year and six months;

(b) Class 2 crime (Fraud) [Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below KRW 100 million (Special Convicts].

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