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(영문) 서울고등법원 2013.03.14 2012노4336
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is a condition for sentencing favorable to the Defendant, in light of the following: (a) the Defendant started the morale of the instant inner name “Ibro” in the instant proposal while operating a sub-sale store of the opening agency of the mobile carrier; (b) the Defendant was the first offender without a previous conviction; and (c) his mistake is pening in depth.

However, the defendant's inner name "protruding tin" fraud is a crime of inducing those who need to rent money from a financial institution but who cannot borrow money from a financial institution and paying only a part of the money sold from the Nowon-gu to the subscriber, and taking profits therefrom. It is not only the victim's mobile communication company, but also the victim's mobile communication company, but also the offender who causes social problems by taking an excessive debt such as the Nopt payment and the service fee, which giving a small amount of money to those in need of pay, and by taking an excessive amount of money such as service fee. Although the defendant started the crime of this case on the proposal B, the defendant was able to act as a representative of the F, but the defendant has secured markets to dispose of the Nopt, employed the Nopt and conduct the opening business, and the defendant is not liable to the amount of money acquired from the crime of this case, and it does not mean that the amount of money acquired by the accomplice is less than 350 million won, and it does not mean that the amount of money acquired by the defendant is less than 500 million won.

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