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(영문) 대구고등법원 2014.08.14 2014노63
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Copies of the seized resident registration certificates (No. 9), 12 copies (No. 9);

Reasons

In light of the summary of the grounds for appeal (unfairness) of each of the instant crimes, the benefits actually acquired and held by the Defendant are not much significant, and the victim also bears considerable responsibility for the occurrence of crimes and the expansion of damage, etc., the sentence (four years of imprisonment) imposed by the lower court against the Defendant is too unreasonable.

Judgment

Each of the crimes of this case is that the defendant forged multiple cell phone subscription applications repeatedly for several months, and acquired 2,034 mobile phone numbers of 1.9 billion won by using them from LG Plus, etc., which is a communications company, and acquired 2,034 mobile phone numbers of 1.9 billion won, and the damage amount is not only poor, and the amount actually acquired by the defendant due to the crime of this case also appears to be a considerable amount of money (the defendant sold the mobile phone acquired as above to BC, etc. at a price equivalent to 30,400 won per 1.3 billion won (Evidence 2793, 2793, 2013, 573, 1165, 2000 won). However, even if the defendant delivered 2,50,000 won to G, it appears that the amount of 2,5161,000 won per 20,000 won per 261,000 won per mobile phone, which is also 2515,51615,0000 won

However, the defendant has no past history of criminal punishment, and is economically at the time of such punishment.

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