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(영문) 대구지방법원 2021.03.24 2020노4420

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

one copy (No. 2) of the paid-in certificate seized.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The instant crime was committed by the so-called “singishing” method, and it is difficult to expect the success of the crime unless the role of some participants is performed properly. Thus, even if only a specific role was done, the need for punishment is not small in light of the social malicious aspect, and it is disadvantageous to the Defendant that the instant damage amount exceeds KRW 80 million.

However, in full view of the favorable circumstances, such as the fact that some crimes were committed in attempted crimes, and the defendant paid a total of KRW 10 million to six victims who permitted the defendant to provide contact information at the court below, the defendant confessions and reflects his depth once in the trial of the party, the defendant has no record of the same crime, and there are no records of the crime, and other favorable circumstances, such as the defendant's age, sex, conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment is deemed to be unfair and unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant 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. Articles 347(1) and 30 (the fraudulent point, the choice of imprisonment, and the choice of punishment) of the Criminal Act as to the facts constituting an offense under the corresponding provisions of the Criminal Act, Articles 352, 347(1), and 30 (the attempted fraud point, the choice of imprisonment, and the choice of punishment) of the Criminal Act;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;