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(영문) 대전지방법원 2015.09.24 2015노2458

사기

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for five months and by imprisonment for eight months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court against the Defendants is too unreasonable.

2. The judgment on the assertion of unfair sentencing is a case in which the Defendants received money under the name of sale of goods without intent to sell the goods through the Internet in a relatively short period, and the nature of the crime is not good in light of the frequency of the crime and the amount of fraud, etc. In particular, even though Defendant A was subject to the suspension of indictment in the case of Defendant A and the transfer of juvenile protection cases in the case of Defendant B, etc., the Defendants again committed the crime of this case without being able to commit the crime committed

However, the defendants led to the confession of each of the crimes of this case and against their mistake; the defendants did not have any record of criminal punishment; the victim F, G, and E recovered from the damage to the defendant's judgment; the defendant Eul paid the amount of damage to some victim AO at the time of the investigation of this case; and the victims voluntarily agreed with the victim AS and the victim voluntarily withdrawn the complaint against the defendant Eul; the victim made efforts to recover damage by restoring damage to the victim D, M, K, AK, AK, AM, AM, AU, AU, Au, Q, and AR; the defendants could expect improvement of character and behavior as a relatively young age; and the defendants might expect improvement of character and behavior as favorable to the defendants; the defendants' age, character and behavior, environment, motive, means and consequence of the crime, the result of the crime, and the scope of recommendations made by the Sentencing Committee under Article 51 of the Criminal Act and the sentencing guidelines established by the Korea Sentencing Commission; the court below's decision is unfair in light of the following factors.

Therefore, the defendants' arguments are justified.

3. Determination of applications for compensation order;

참조조문