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(영문) 인천지방법원 2013.09.06 2013노1605
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year of imprisonment) against the Defendant is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the instant crimes when the Defendant was in a trial; (b) the Defendant’s family members want to take the Defendant’s wife against the Defendant; (c) the crime for which all the criminal facts stated in the judgment of the lower court have become final and the crime for which a judgment has become final and the need to take into account equity with regard to the case where a judgment

On the other hand, the crime of this case was committed in a systematic and planned manner against many unspecified persons by taking part in the so-called “Singing” fraud crime, which was committed by the Defendant, and then withdrawing the money from the money deposited in the passbook and remitting it to the accomplice. Such fraud crime was committed by misrepresenting the public agencies such as the police and the prosecution, thereby causing serious social harm to the general public, while it is highly likely to recover damage, and because it is difficult to regulate and punish the principal offender, and ② the defendant's withdrawal of the damaged amount and delivery of it to the accomplice.

Even if this is also an essential act in the crime, and it is difficult to find the principal offender, and the degree of participation is not less than that of the defendant, and the defendant takes a lot of profits through this, and the amount of damages by each of the crimes in this case exceeds 560 million won, and the degree of damage is very important. Thus, the favorable circumstances, such as the need to consider equity with the case where the judgment is rendered simultaneously with the crime for which the judgment became final and conclusive, should be considered.

Even if it is inevitable to strictly punish the defendant, taking into account the following factors: the defendant's age, character and conduct, family environment, and circumstances after the crime, and various sentencing conditions as shown in the arguments.

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