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(영문) 대구지방법원 2020.11.27 2020노2898
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The crime of this case is committed in a systematic and planned manner against many unspecified persons, and there is a significant social harm caused by the crime, and there is a tendency that the method becomes more and more effective to eradicate it. In order to eradicate it, a person who has partially participated in the crime of this case must be punished strictly. The role of the defendant in the crime of this case is to withdraw and transfer the amount of damage caused by delivery of the so-called large passbook, which makes it difficult to realize the criminal proceeds and track it difficult to trace it, and the crime is disadvantageous to the defendant.

On the other hand, however, the defendant's confession of the crime in the court below, payment of a considerable amount of money to the victim Q and J in the court below, and the defendant made efforts to recover damage, such as the payment of the amount of damage to the victim Q and J in the court below, and the defendant made no effort to recover damage before the crime in the court below. Considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case, and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, etc., the punishment sentenced by the court below is inappropriate.

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 the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Code as to the facts constituting the crime.

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