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(영문) 청주지방법원 2014.04.03 2013노947

사기등

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the crime of this case was committed actively and systematically, as well as the fact that the defendant deceivings the victims by abusing the imminent situation of the victims, it is inevitable for the defendant to punish the victims by taking into account the following: (a) the nature of the crime is very poor; (b) the record of the punishment for the same kind of crime was several times; and (c) the defendant committed the crime of this case without any reflection at all even during the period of repeated crime (the record shows that the defendant has already planned the crime of this case before release); (d) the majority of the victims and the amount of damage was more than 50 million won; and (e) the victim C wanted to punish the defendant significantly.

However, in full view of the following facts: (a) the Defendant appears to have recognized all of the instant crimes; (b) the lower court agreed with the victim D; (c) partially repaid the amount of damage to the other victims; and (d) the Defendant’s age, character and conduct, environment, family relationship, etc.; and (c) other conditions of sentencing specified in the records and arguments, the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s above assertion is reasonable.

3. In conclusion, the part of the judgment below excluding the compensation order under Article 364(6) of the Criminal Procedure Act is reversed as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article 327(1) of the Criminal Act, Article 327(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement), and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 37 of the Criminal Code among concurrent crimes.