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(영문) 전주지방법원 2014.01.29 2013노1295
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the court below (the defendant A: the fine of KRW 10 million; the fine of KRW 60 million; the fine of KRW 600,000) is too unreasonable in light of all the sentencing conditions in the grounds for appeal.

2. Determination on the grounds for appeal

A. Defendant A recognized all of the instant crimes and divided them in depth, and the victims do not want to be punished by Defendant A by mutual consent with the victims. The instant crime is more advantageous to the following: (a) fraud, etc. finalized on January 31, 2013 and concurrent crimes under the latter part of Article 37 of the Criminal Act may be mitigated or exempted by taking into account the equity between the case and the case to be adjudicated simultaneously; and (b) the instant crime may be mitigated or exempted by mutual consent.

However, the crime of this case is that Defendant A conspired with his accomplices to receive money from an unspecified number of unspecified persons, and acquired money in the name of investment money. Such crime causes confusion in financial transaction order, leads a number of victims in a short period, leads victims to a serious economic fear, etc., and there is a need to severely punish them. The amount of fraud of this case is not more than 34 million won, Defendant A led the crime of this case, Defendant A repeatedly committed the crime of this case despite the fact that Defendant A had been punished for one suspended sentence for the same crime, and other factors of sentencing under Article 51 of the Criminal Act, such as Defendant A’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered to be too unreasonable. Thus, Defendant A’s assertion of unfair sentencing is not justified.

B. Defendant B recognized that all of the instant crimes were committed, and his depth is divided, Defendant A, an accomplice, has agreed with the victims, and Defendant B is punished as the same crime.

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