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(영문) 대구지방법원 2017.12.15 2017노4268

사기등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

Defendant

A.

Reasons

1. The summary of the grounds for appeal that the court below made against the Defendants is unreasonable as it is too unreasonable that each punishment (defendant A: criminal facts No. 1-A, No. 2-A, and B as indicated in the judgment of the court below) declared by the court below is too unreasonable.

2. Determination

A. Determination as to Defendant A’s argument of unfair sentencing is acknowledged. Defendant A’s argument that: (a) 1-A of the criminal facts indicated in the judgment of the court below; (b) 2-A of the same part of the criminal facts as indicated in the judgment of the court below recognized all the charges; (c) Defendant A violated this part of the charges; (d) the above Defendant appears to have repaid KRW 16 million to five victims, including victims D; and (e) 9.7 million won, by deceiving six victims; and (e) it is not good that the above Defendant committed this part of the crime by receiving investment KRW 95 million from ten victims; (d) damage from this part of the crime has not been considerably recovered; (e) Defendant A had been convicted of suspended sentence due to the same type of fraud; (e) Defendant A had a history of punishment for another crime more than 10 times; and (e) the case where the judgment of the court below became final and conclusive and the case where the above Defendant’s environmental relationship was modified; and (e) the above Defendant’s assertion that there was no special reasons for the above change in circumstances.

2) Defendant A recognized both the facts charged of the crime No. 1-B, C, and D as indicated in the judgment of the court below and made a mistake.