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(영문) 서울동부지방법원 2013.11.15 2013노994
사기등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be eight months by imprisonment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case is determined that the defendant suffered damage exceeding KRW 180,000,00 in total to four victims at the end of several types when the defendant operates a travel agency or takes overall charge of travel business of another travel agency. It is significant in nature of the crime. The defendant has a record of criminal punishment for the crime of this case even in 2007, and there was considerable damage to the victims since it has not been recovered for a long time after the crime of this case. Among them, there are circumstances unfavorable to the defendant, such as the victim D who suffered damage equivalent to KRW 26,00,000, and the victim D who suffered damage equivalent to KRW 60,000,000, and most of them have not been recovered yet. However, considering the fact that the defendant made a confession of the crime of this case at the latest and recognized his mistake, the defendant does not want to have any criminal history beyond a fine, the defendant has no history of crime beyond the criminal records, the circumstances leading to the victim's judgment and the circumstances of the defendant's occupation and behavior and punishment of this case.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is judged by the court below.

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