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(영문) 창원지방법원 2016.06.16 2015노2950
사기등
Text

The judgment below

The parts of the defendant A, D, E, F, G, and I shall be reversed, respectively (Provided, That the compensation order and the rejection of the application shall be limited.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the judgment of the court below against the Defendants by the prosecutor (two years of imprisonment and confiscation, two years of imprisonment, Defendant D, and E: Imprisonment, one year and two months of imprisonment, Defendant F, and G: one year and two years of imprisonment, one year and one year of imprisonment, and three years of probation, three years of observation of protection and social service, 320 hours in one year of imprisonment, Defendant I: one year of imprisonment, and one year and six months of imprisonment, and one year and six months of confiscation) is deemed to be excessive and unfair.

B. Each sentence of the judgment below against the above Defendants A, B, C, D, E, F, G, and I is too unreasonable.

2. Determination:

A. Determination of Defendant A, D, E, F, G, and I on each of the instant offenses are acknowledged as having been committed against many unspecified victims in a considerable period of time on a systematic and professional basis in light of the circumstances, frequency, repetition, methods, process, and scale of damage.

However, all of the above Defendants were in violation of their depth in the confession of all crimes; ② damage was recovered to half of the amount of damage at the court below; ③ Defendant A, D, E, F, and I performed the damage to the victims; ③ Defendant A, E, E, F, and I expressed their intention not to punish all the Defendants; ④ Defendant A and I actively endeavored to recover damage; ⑤ Defendant D, E, and F, the actual gains acquired by the crime of this case are not large; ⑤ Defendant G’s participation in the crime of this case is the most minor degree in the case of Defendant G; ② Defendant A did not have any criminal history; ② Defendant A was sentenced to a fine under this Chapter; Defendant A’s age, sex, family environment, motive for the crime of this case, duration of participation, circumstances after the crime, and all other matters on the records and changes in the punishment of this case are considered to have been comprehensively recognized, and thus, the judgment of the court below is unlawful.

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