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(영문) 서울중앙지방법원 2018.02.06 2017노4119
사기등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a period of two years and ten months, and by imprisonment for a period of one year and ten months.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. The fact that there is a large number of victims of fraud, the number of victims of fraud and the amount of damage received similar to the amount of damage, the degree of involvement of the Defendants is serious, and the actual damage recovery to most victims, including victims who submitted the written agreement, are not faithfully implemented, and Defendant B is a previous criminal record of several times.

However, according to the fact that the defendants recognize and oppose the crime, Defendant B paid part of the damage to some victims in the first instance, and submitted the written agreement, according to the contents of the agreement, Defendant A contains the expression of intention not to punish the defendants, and Defendant A is an initial offender.

In addition, in full view of all the sentencing conditions indicated in the records of this case, such as the age, sex, degree of participation and role of the Defendants, background of the crime, and circumstances before and after the crime, the sentence of the lower court is too unreasonable.

The defendants' argument of sentencing is justified.

3. As the appeal by the Defendants is with merit, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence is as stated in the corresponding column of the judgment below.

Application of Statutes

1. The Defendants: Articles 347(1) and 30 of the Criminal Act (the point of fraud), Articles 6(1) and 3 of the Act on the Regulation of Similar Receiving Acts, Article 30 of the Criminal Act (the point of similar receiving acts, including the fact of similar receiving acts), and each choice of imprisonment, respectively.

1. Defendants who aggravated concurrent crimes: The judgment is rendered as per the Disposition on the grounds as seen above, as set out in the grounds for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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