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(영문) 대구지방법원 2018.09.14 2018노2370

사기

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months.

, however, the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant B: Imprisonment with prison labor for 10 months, and Defendant C: Imprisonment with prison labor for 1 year) is too unreasonable.

2. Determination

A. The Defendant, with regard to Defendant B, was aware that the loan was easily made by the lending company, etc. when a woman is adult, and the Defendant committed each of the instant crimes with multiple young women with no social experience, and was planned by sharing the roles of accomplices, i.e., “B,” and “offenders,” etc., and committed the crime according to their own roles. The fact that the nature of the crime is very heavy, and that the amount of damage exceeds 39 million won, which is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant is against the instant crime; (b) the first offender was the first offender; (c) the victim was reached an agreement at the time of the trial; and (d) the Defendant’s age, sexual conduct, environment, motive or circumstance for the instant crime; and (b) other circumstances shown in the records and arguments, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's above assertion is justified.

B. As to Defendant C, the fact that the Defendant recognized the facts charged in the instant case and opposed thereto, and that only the past record of a fine for dual species is favorable.

However, with regard to women's age, the Defendant committed each of the instant crimes with many young women who have no social experience, and committed the instant crime by sharing their roles, such as co-offenders, “B,” and “offenders,” etc. In a planned manner, the Defendant committed the instant crime. The crime is very heavy, the amount of damage is considerably larger than 52 million won, the damage is not repaid, and other records, such as the Defendant's age, sexual behavior, environment, family relationship, motive and background of the crime, means, results, and circumstances after the crime, etc.