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(영문) 대구지방법원 2017.09.29 2017노3201

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is an unfavorable circumstance where the crime of this case is committed by deceiving a number of victims by deceiving them through false statements, and the crime is bad in light of the frequency and methods of the crime, the defendant has been punished for the same crime, and part of the damage from the crime of this case has not been recovered.

However, in full view of the following facts: (a) the Defendant led to the confession of and reflect against the instant crime; (b) the Defendant agreed with the victim E at the lower court; (c) the Defendant deposited KRW 500,000 for the victim S; and (d) there was no record of punishment exceeding the fine; and (c) the Defendant’s age, sexual conduct, intelligence and environment; (d) motive and background, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's 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 defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination of the reasons for sentencing of Article 62(1) of the Criminal Act (the favorable circumstances in the determination of the reasons for appeal above) and the reasons for appeal as set forth in the Disposition above shall be set forth on the same reasons.