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(영문) 대전지방법원 2013.05.23 2013노471

사기

Text

The judgment below

Part concerning the crimes of subparagraphs 1-b, 2, 3, and 4 of the judgment shall be reversed.

No. 1 of the judgment of the defendant.

Reasons

1. The decision of the court below (the crime No. 1: the crime No. 1: imprisonment with prison labor for 6 months, the crime No. 1-b, No. 2, 3 and 4 as stated in the decision: imprisonment with prison labor for 3 years and 6 months) is too unreasonable.

2. Article 1-A of the judgment of the court below

The facts that the Defendant led to the confession of and reflect against the instant crime, and that the agreement was reached with the victim C, and that the instant crime is in the relationship between the crime of fraud, which became final and conclusive on March 8, 2011, and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, and the fact that the instant crime and the said judgment are to be simultaneously judged in accordance with Article 39(1) of the Criminal Act and that equity should be taken into account

However, in light of the fact that the fraud amount is not so big and that the fraud method is intended and planned, there is no significant nature of the crime, the criminal records of the defendant who was punished for the same crime have reached several times, and among them, the majority of the criminal records are included. The crime also constitutes a crime during the period of repeated crime, etc., which is disadvantageous to each defendant. In full view of each of the above circumstances and other factors, including the defendant's age, character and behavior, environment, criminal records, circumstances after the crime, risk of recidivism, and all of the sentencing conditions specified in the records and arguments of this case, it cannot be deemed unfair because the court below's punishment in this part is too excessive.

Therefore, this part of the defendant's assertion is without merit.

In light of the part of the crime in Articles 1-b, 2, 3, and 4 of the judgment of the court below, each part of the crime is also a very significant crime in light of the amount of fraud, the amount of fraud, and the methods and frequency of the crime, as seen above, there are a large number of previous crimes against the defendant, and each part of the crime is also a crime during the period of repeated crime, and no agreement is reached between the victim D, P and the defendant.

However, the fact that the defendant led to the confession of each of the crimes in this part and reflects on it, and that it is true.