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(영문) 청주지방법원 2018.08.30 2018노492
사기등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

In addition, the Defendant was granted loans equivalent to approximately KRW 57 million from the victims through E with a qualitative mental disorder, etc. due to uncertainty in detail, and the Defendant, in collusion with the joint Defendant B of the lower judgment, forged a private document in the name of F, which is the mother of the Defendant B, and obtained a loan equivalent to approximately KRW 88 million from the victims in the above F name. In light of the frequency of the crime and the applicable law, the crime is not weak.

The amount of damage caused by each of the instant frauds is about KRW 145 million, which is a large amount of KRW 15 million, and a considerable portion has not been repaid.

The conditions favorable to the defendant shall be as follows:

In addition to a minor fine, the Defendant has no record of being sentenced to a suspended sentence or heavier punishment, and is in depth against all of the crimes of this case.

Most of the proceeds from each of the instant frauds were used as a so-called “fixed money” at the top order of the Jin-ri Council to which the Defendant and E belonged, and there is no fact that the Defendant personally possessed or consumed them.

In addition, when comprehensively considering the defendant's age, sexual conduct, environment, circumstances after the crime, and various conditions of sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

【Grounds for the judgment in its entirety] The facts constituting the crime and summary of the evidence admitted by the court and the summary of the evidence are the same as the "victim" of No. 4 of the judgment of the court below as "E", and the No. 13 of the list of the crimes of No. 9 (2).

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