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(영문) 대전지방법원 2014.12.04 2014노2900

사기

Text

The judgment below

Among them, the remainder of the compensation order against E and C shall be reversed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The crime of this case is found to have been committed by abusing the victim's trust in transactions on the Internet through the Internet to send money to the victims through the Internet. It is not good to form a crime by abusing the victim's trust in transactions on the Internet. The victim's amount of damage is not less than KRW 68,100,00, and the defendant has a record of criminal punishment three times of criminal punishment for the same crime. However, even though the defendant has recognized each of the crimes in this case, the defendant's father has committed a misunderstanding in depth. The defendant's father paid 4,90,000 won to 3 victims (the sum of damages) up to twice the amount of damage (1,30,000 won) at the court below, and the defendant's father has actively endeavored to recover the victims' damage, such as reimbursement of total 5,161,000,000 won to 28 victims at the trial, and the defendant's family members have reached the defendant's age to 38 months before and after the defendant's age.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 Articles of the Act and the choice of punishment concerning the facts constituting the crime;