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(영문) 전주지방법원 2014.09.05 2014노396
사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

The crime of fraud against the victim D in the judgment of the defendant is committed.

Reasons

1. The summary of the grounds for appeal (the three-month imprisonment with prison labor for fraud against victim D at any time, and the two-year imprisonment with prison labor for each of the other crimes except for fraud against victim D in the judgment below) is too unreasonable.

2. Determination

A. According to the judgment on the grounds of appeal by the defendant as to the part of the crime of fraud against the victim D, prior to the judgment on the grounds of appeal by the defendant, the records show that the defendant was sentenced to two years of imprisonment with prison labor on August 8, 2007 at the Changwon District Court Jinwon District Court Jin, and completed the execution of the sentence in Daejeon Prison on May 15, 2009. Thus, the court below erred by omitting a repeated offense in relation to the crime of fraud against the victim D committed within three years from the time when the defendant completed the execution as above. Thus, the part of the judgment of the court below as to the crime of fraud against the victim D cannot be maintained further in this respect

B. The remainder of the crime except for fraud against victims D in the judgment is a situation unfavorable to the defendant, where the defendant committed a fraud by acquiring a vehicle by acquiring a vehicle from the victim or acquiring a vehicle by acquiring the vehicle or by acquiring the vehicle by false means by selling the vehicle to the victims, and in view of the crime period, frequency, methods, number of damage amount, etc., which is very heavy, in light of the crime period, number of times, etc., and the defendant has been punished several times for the same crime, and the defendant committed each of the crimes of this case again during the repeated crime, even though the amount of the fraud of this case is considerably large amount, but the defendant did not agree with the victims other than T, and did not give any specific effort to recover damage, etc.

However, when the defendant was in the trial, the defendant made a confession of all of the crimes of this case and made a mistake against the defendant, and the defendant agreed with the victim T, and the victim C and V.

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