logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.10.12 2018노2038
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. The defendant would give a loan by taking advantage of the situation of victims in an economically difficult situation.

In addition, 40,000,000 won was more than the profit.

Despite the extreme circumstances of victims, it is difficult to expect the recovery of actual damage.

There have been several times of punishment including the same crime, and the crime of this case has been committed during the period of repeated crime.

However, in the case of fraud using cellular phones in the names of victims, although the number of times of crime reaches 70 times, it is difficult to view that it constitutes a crime committed repeatedly for an unspecified victim for a considerable period since it repeats a large number of settlement during the close time.

The Defendant recognized the instant crime and runs against the Defendant.

Such circumstances and guidelines, fraud, computer, etc. [type of fraud] There is no person who has no special sentencing factor [less below KRW 100 million] (in the event that a crime is committed against an unspecified or a large number of unspecified victims or repeatedly for a considerable period, it shall not be readily concluded that the act of causing serious damage to the victim constitutes a very poor case] [the scope of recommended punishment] [the scope of punishment] interference with the exercise of rights in the basic area (from June to January 6] (the scope of recommendation] [the special sentencing factor] [the scope of recommendation] [the scope of special sentencing factor] [the scope of recommendation] basic area (from June to 1 year)], the scope of recommendation according to the criteria for processing multiple crimes for which no guidelines are set for violation of the Resident Registration Act (Article 37 of the Criminal Act). Thus, the sentencing guidelines set forth in the sentencing guidelines, the defendant's motive and degree of punishment, the defendant's family relation relation, the defendant's age criteria set as the result of the crime, the sentencing guidelines set in accordance with the sentencing guidelines, the minimum range of the crime.

arrow