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(영문) 대전지방법원 2013.09.12 2013노1390

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of one and a half years of imprisonment sentenced by the court below is too unreasonable.

2. The judgment is based on the following facts: (a) the victims of the instant crime are many victims of the instant crime and the total amount of damage reaches approximately KRW 400 million; (b) the defendant's failure to pay a significant portion of damage is deemed to be without significant liability; (c) the victims are deemed to have either revoked the defendant's complaint or submitted a written agreement that would not be punished; (d) the defendant voluntarily liquidated and voluntarily surrenders to the life of the defendant; (e) the defendant would not repeat and voluntarily surrenders to the victim; and (e) the victims would be able to keep up to the victims from the recovery of damage; (e) the defendant has no specific criminal power other than fines; and (e) the defendant has no other criminal power other than the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) the sentence imposed by the court below against the defendant is too unreasonable. Thus, the above argument by the defendant is justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (main sentence for each victim), the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration in favor of the above judgment);

1. Social service businesses under Article 62-2 of the Criminal Act;