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(영문) 창원지방법원 2017.10.26 2017노1984

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. However, there are circumstances unfavorable to the Defendant, such as the fact that the Defendant had been subject to juvenile protective disposition three times due to fraud, that the Defendant repeatedly committed the crime of defraudation against many victims (38 victims) within a short period, that there was no agreement with the victim AT, AY, AE, Q, AH, and AI (6 victims) and that damage has not been recovered.

However, it is determined by the court below that the defendant paid damages to 9 victims (excluding AX and AJ) in the trial, 9 victims (BU, BV, CB, BF, AC, BY, BY, BY, CA, BO, and BO), the total amount of damages is about 4.6 million won, and the defendant paid damages to 13 victims (O, AV, BD, Q, AR, AS, AW, AW, AZ, AK, HL, AX, and AJ) in the court below (which was agreed with the victims other than AX and AJ). The defendant paid damages to 9 victims (BU, BV, CB, BF, AC, BY, BY, and BO) in the court below; the defendant had no record of criminal punishment other than those subject to protective disposition 12 times, and the defendant had been detained more than 10 months, and circumstances such as the defendant's environment, circumstances and circumstances before and after the criminal act, etc.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, Article 369 of the Criminal Procedure Act is applicable.