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(영문) 인천지방법원 2016.07.08 2016노1329

사기

Text

The judgment of the court below is reversed.

The crimes of No. 1, 2, and 4 in the judgment of the defendant shall be punished by imprisonment with prison labor for four months, and the crimes of No. 3 in the judgment.

Reasons

1. The defendant asserts that the defendant's summary of the grounds for appeal is unfair because it is too unreasonable due to the defendant's punishment (the punishment No. 1, No. 2, and No. 4 as stated in the judgment of the court below: Imprisonment with prison labor for 4 months and No. 3 as stated in the judgment of the court below). The prosecutor asserts that the above punishment is too unfas

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

In light of the method, frequency, and scale of the crime, each of the crimes of this case committed by the defendant by deceiving 73 million won against the total of six victims, there is a considerable bad character of the crime in light of the method, frequency, and scale of the crime, part of the damage amount still has not been recovered, and there is a record of criminal punishment several times prior to the crime of this case, and there is a history of criminal punishment prior to the crime of this case, which is disadvantageous to the defendant. However, the defendant recognized the defendant's mistake and reflects the defendant's old age, the victim F, K, the damage amount to the victim was fully repaid, the damage amount to the victim G was deemed to have been fully repaid, and the victim R et al. agreed with the court of the first instance. On the part of the crime of this case, the equity should be considered in the case where the defendant was tried with the judgment of the court below, and all of the conditions of the punishment of this case, such as the defendant's age, sex, environment, health condition, circumstances, method, frequency, etc., should be considered.

3. According to the conclusion, the appeal by the defendant is without merit, and the decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the prosecutor's appeal is without merit, but is identical to the defendant's appeal and the subject of appeal is identical to the defendant's appeal and the judgment of the court below is reversed based on the defendant's appeal, so the prosecutor

Criminal facts

The facts constituting an offense and the summary of evidence recognized by this court shall be as follows.

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