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(영문) 의정부지방법원 2020.02.14 2019노3057
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (an unfair form of punishment) of the lower court (an imprisonment of three years with prison labor for crimes Nos. 1, 2, 3, and 4 as indicated in the original judgment and six months with prison labor for crimes No. 5 as indicated in the lower judgment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that: (a) the Defendant led to confession and reflects each of the instant crimes; and (b) the case of the crimes of Article 5 (In total, KRW 129,840,000) as indicated in the holding of the lower judgment with respect to the crime of fraud, which became final and conclusive on July 27, 2018, the equity should be considered in the case of a judgment simultaneously with the case of fraud

However, each of the crimes of this case is a case by which the defendant acquired a total of KRW 497,00 from five victims, and in light of the circumstances, method, and degree of damage, etc. of each of the crimes of this case, the criminal liability is grave; the defendant was unable to recover from the victims up to the trial; the defendant was unable to obtain a letter from victims; the defendant has been punished several times for the same crime ( seven times of fine, one time of suspended execution of imprisonment, one time of imprisonment). In addition, in particular, on July 19, 2018, the Seoul High Court sentenced three years of suspended sentence for two years of imprisonment for fraud at Seoul High Court on July 27, 2018 and the judgment was finalized on July 27, 2018, and again committed each of the crimes of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of the same time of the same time (the first, second, three, and four crimes in the original judgment), and there was no special change in the circumstances, circumstances and circumstances of the defendant.

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