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(영문) 대전지방법원 2018.02.08 2017노4010

사기등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for seven months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (Defendant A: one year of imprisonment and seven months of imprisonment) is too unreasonable.

B. The above sentence, which the court below decided against Defendant A, is too unhued and unfair.

2. In light of the method of each of the instant offenses, the amount of damage, the circumstances after the commission of the crime, etc., the Defendants’ nature of the crime is not somewhat weak.

However, in full view of the defendants' age, sex, environment, motive, means and consequence of the crime and other various sentencing conditions, including the defendants' age, sex, environment, motive, means and consequence, the sentence of the court below is too unreasonable because it is too unreasonable.

3. As such, the Defendants’ appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered as follows after pleading (as long as the Prosecutor’s appeal against Defendant A is without merit, but the judgment of the court below is accepted by Defendant A and the judgment of the court is reversed, the prosecutor’s appeal shall not be dismissed in its disposition). The summary of facts constituting an offense and the evidence acknowledged by the court is identical to the description corresponding to each corresponding column of the judgment of the court below. Thus, it is cited pursuant

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 347(1) and 30 of each Criminal Act (the fraud point), 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), Article 232-2 of each Criminal Act (the point of writing, such as private electronic records), Articles 234 and 232-2 of each Criminal Act (the point of uttering electronic records, etc.), Article 347-2 of the Criminal Act (the point of fraud by using computers, etc.), each of the choice of imprisonment;

B. Defendant B: Articles 347(1) and 30 of the Criminal Act; Articles 147(1) and 30 of the Criminal Act; Articles 1.