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(영문) 서울동부지방법원 2014.10.24 2014노861
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The lower court’s scope of trial in this Court: (a) found the Defendant guilty of the fraud with respect to the Victim D and the fraud with respect to the Victim G; (b) sentenced the Defendant to three years and six months; and (c) acquitted the Defendant as to the fraud with respect to the Victim C; and (b) appealed with respect to the guilty portion among the lower judgment, the acquittal portion in the lower judgment was separately determined as it is.

Therefore, the scope of this court's judgment is limited to the judgment of conviction ① and ②.

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

3. The amount of fraud by each of the crimes of this case is considerably more than 413 million won, but the defendant has not received a letter from victims or has not recovered the damage even until now. The defendant was sentenced to 10 months in Busan District Court around September 2004 by imprisonment with prison labor, etc., and again committed the crime of fraud against the victim G again during the repeated crime period, and there are several records of punishment for fraud (two times in actual punishment and two times in suspended execution). However, although there are some unfavorable circumstances against the defendant, the defendant recognized that he committed all of the crimes of this case, and recognized that he committed all of the crimes of this case, and there are some extenuating circumstances to consider the motive and circumstances leading to each of the crimes of this case. The defendant appears to be less than the amount of fraud, the defendant's profits acquired by each of the crimes of this case can be seen to be less than the amount of fraud, the defendant's current health condition is more favorable, and the defendant did not have any motive to commit the crime of this case, the motive and circumstances of the defendant, as well-being and circumstances, and the records.

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