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(영문) 서울중앙지방법원 2019.07.18 2019노1176
사기등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, and confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In the judgment of the court, the crime is mainly against the victim who was placed in the body and concealed the identity of the criminal, thereby making the victim unable to trace the criminal, thereby causing a big financial loss to the victim. In addition, the crime is likely to prevent damage to the society as a whole by spreading a bad morals in society, causing the cost of conviction for the prevention of the crime, resulting in poor methods, and contributing to the concealment of the entire crime by sharing the crime in the form of an organization, even if the person is subordinate involved, to contribute to the concealment of the entire crime, and to share the important role in the crime and thus, it is inevitable to punish the offender with severe punishment.

The Defendant performed the role of “cash collection measures” of the instant Bosing Organization, and during that process, exercised the documents “civil petitions for tracking financial accounts” in the name of the Financial Supervisory Service forged, and took part in defrauding five victims with a total of 69.75 million won, and all of them took part in deceiving 69.75 million won.

However, the Defendant did not command each of the crimes of this case, and shared only the simple action.

Each of the instant crimes was committed on October 29, 2018 and October 31, 2018, and the period of the instant crimes was relatively short.

The actual profits of the defendant are small.

With respect to each of the crimes of this case, it is not deemed that the defendant had a conclusive intention beyond dolusence.

The Defendant appears not only to cooperate in the investigation but also to repent of his mistake by recognizing all of the crimes in this case.

The victims of each of the crimes of this case agreed with the victims of the crime of this case and all of the victims of this case did not want punishment.

A defendant shall be subject to criminal punishment.

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