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(영문) 대전지방법원 2014.02.13 2013노2539

사기

Text

The judgment below

Part 1 to 4 of the judgment, except for the part of compensation order, shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment with prison labor for the crimes of No. 1 or 4, and one month of imprisonment with prison labor for the crimes of No. 5 in its holding) is too unreasonable.

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

2. Determination

A. We examine the judgment on the first or fourth crimes in the holding, and examine the facts that the defendant committed the second or second crimes in spite of the fact that the defendant could have the same criminal records, while the defendant committed the second or second crimes in spite of the fact that the defendant was disadvantageous to the defendant, while the defendant was in the trial, and the defendant did not want the punishment of the defendant (the total amount of fraud is about 125 million won in total, and the amount of fraud is about 85 million won in victim I is about 125 million won in total, and the amount of fraud is about 15 million won in victim I). This part is a concurrent crime with the judgment that became final on the first head of the crime at the time of original trial and the latter part of Article 37 of the Criminal Act, which is favorable to the defendant's age, character and behavior, environment, family relationship, motive of the crime, circumstances after the crime, etc., the above argument by the prosecutor is unreasonable, while the above argument by the prosecutor is without merit.

B. On January 13, 2012, the Defendant was sentenced to imprisonment with prison labor for not more than six months in the Daejeon District Court Seosan Branch on January 13, 2012, and the same year.

7. On October 30, 2012, the Defendant committed each part of the crime without being aware of the fact that he committed the crime even during the period of repeated crime (the Defendant was sentenced to a two-year suspended sentence for embezzlement on October 30, 2012 from the Daejeon District Court Seosan Branch of the Daejeon District Court for the crime of embezzlement on November 7, 2012, and the judgment became final and conclusive on November 7, 201, and the crime No. 6 of the judgment among each of these crimes is a crime during the suspended sentence period).