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(영문) 대구지방법원 2019.02.13 2018노4802

사기

Text

The judgment below

Among the defendant cases, the part of each compensation order shall be reversed, and each compensation order shall be revoked.

The defendant shall be punished by imprisonment for not less than five months.

Reasons

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

2. Determination

A. As to the Defendant’s assertion of unfair sentencing, this case is an unfavorable circumstance to the Defendant, where the Defendant repeatedly committed a fraud related to the sale of game money, and the nature of the crime was bad, the victim H’s damage was not recovered, the Defendant did not agree with the victims other than L and E, and the Defendant had been punished for the same kind of crime, etc. over several times.

On the other hand, the fact that the defendant recognized all of the crimes of this case and divided his mistake, the total amount of damage was not so significant, and the other victims except H were recovered in the trial, and the fact that the victim L and E agreed with the defendant is favorable to the defendant.

In addition, if all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, are taken into consideration, the sentence sentenced by the court below is too unreasonable.

B. According to the judgment of the court below ex officio as to each part of the compensation order ex officio, and the records of this case, it is recognized that the defendant has made the judgment of the court below, and all of the applicants for compensation order B and C have been discharged by the court below. As to the above compensation order applicants, it is not reasonable to issue the compensation order because the existence or scope of the defendant's compensation liability is not clear, each part of the judgment of the court below

3. As such, the part of the judgment of the court below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows. Since the part concerning each order for compensation among the judgment of the court below is a ground for ex officio reversal, Article 25 of the Act on Special Cases concerning