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(영문) 수원지방법원 2016.10.27 2016노5587

사기

Text

All the judgment below is reversed.

The defendant is punished by imprisonment with prison labor for the crime of fraud in the case No. 2015 Godan1972, which is held by the defendant.

Reasons

1. In the statement of grounds for appeal submitted by the Defendant, the argument that the two punishments imposed by the lower court are consolidated, and that the repeated crime system is not consistent with the age is a system. However, each of these arguments is against the current criminal law system and its justification is not recognized.

The punishment sentenced by the lower court (one year and two months of imprisonment with prison labor for fraud in the case of [No. 2015Da1972] and ten months of imprisonment with prison labor for fraud in the case of [No. 2016Dadan969] is too unreasonable.

2. The judgment is that the Defendant had a career of serving more than five criminal punishment for a crime of the same type of fraud, and the Defendant, even though he was a repeated crime due to a crime committed on August 28, 2007 and was sentenced to criminal punishment on several occasions, acquired KRW 40 million from the above victim C by deceiving the victim, and did not repay the damage until six years have passed, and only the Defendant tried to avoid the investigation and trial due to the above crime, and even though the Defendant was a repeated crime due to another crime committed on July 11, 2012, which was sentenced on July 11, 2012 by deceiving the victim F, even though he was stolen approximately KRW 11.8 million from the above victim, the Defendant still did not recover the damage properly.

However, in full view of the favorable conditions, such as the Defendant’s age, character and conduct, environment, family relationship, degree of gains obtained from the instant crime, degree of damages to each of the victims, etc., each of the sentence imposed by the lower court is deemed unfair, considering the following as a whole: (a) the Defendant recognized all of the instant crimes; (b) the Defendant’s crime against the victim C (the crime of fraud of the case No. 2015Dadan1972 at the time of sale); and (c) the equity in the case of the judgment at the same time with the case of fraud finalized on July 19, 2012; and (d) the Defendant’s

3. If so, the defendant's appeal is justified.

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