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(영문) 전주지방법원 2020.07.23 2020노454

사기

Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. In light of the circumstances and contents of the crime of this case, the fact that the nature of the crime of this case is extremely poor, the frequency and the amount of the crime of this case are not so big, and most of the damage caused by the crime of this case has not been recovered from the crime of this case up to the trial. The victims have not been agreed, the crime of this case has been committed more than twice, and the repeated crime of this case has been committed during the repeated crime period, etc. However, the defendant is disadvantageous to the defendant, while the defendant is making a confession and reflects all of the crime of this case, and some of the money has been repaid, the defendant is currently suffering from tuberculosis, is being treated with the court's decision to suspend the suspension of the execution of detention, it is economically difficult and difficult to support, and there are children to support, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, character and behavior, the environment, and the circumstances before and after the crime.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the 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 Article 347 (1) of the Criminal Act (Fraud) and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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