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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant’s mistake against himself and settled a long-standing Vietnam life and returned to Korea, and that there was no intention to flee from the beginning of the crime to a foreign country, M among the victims, the Defendant’s complaint was revoked, and it appears that the Defendant would have recovered part of the damage through reimbursement from the vehicle recovery or the nominal holders, the sentence of the lower court (three years of imprisonment) is too unreasonable.
B. Although the prosecutor had been subject to criminal punishment on three occasions by committing the same kind of crime, he/she committed the case in this case, he/she acquired a total of KRW 1.8492 million from eight victims by abusing the loan system for used cars purchase. In this process, the crime was defective by using the loan system for used cars to alter the registration certificate, which is an official document, and the recovery of damage is not due to the victims' active efforts to recover damage, not because the defendant made efforts to recover damage, but the victims did not agree with seven victims other than the victim M, and the victims still want to be punished against the defendant, and escape from the Republic of Korea to avoid punishment after committing the crime.
2. The fact that the Defendant voluntarily entered the Republic of Korea, and all of the instant crimes were recognized, and that the agreement was reached with the victim M, and the damage of other fraud crimes also appears to have been partly recovered, such as compensating for the damage (Seoul Western District Court 2016 Gohap 173) caused by G, an accomplice, etc., in favor of the Defendant.
On the other hand, the defendant abused the automobile security loan system, and uses the crime of this case to alter the registration certificate during that process, so that the crime is inferior, and a significant portion of the fraud amount has not been recovered, and a considerable number of victims still want to punish the defendant.