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(영문) 대전지방법원 2015.11.19 2015노2501
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant, by using a false name and packaging himself/herself as a member of a company affiliated with a large enterprise, acquired money under the name of a good victim and having a decent victim by iceing marriage. It is unfavorable for the Defendant to take account of the following: (a) the law of criminal acts by which he/she was committed is so bad that the crime is committed; (b) the amount acquired by the Defendant was not more than KRW 40 million; and (c) the Defendant was locked after committing the crime; (d) the victim and his/her family members trusted the Defendant, other than pecuniary damage, appear to have suffered a big mental pain; (b) the Defendant’s efforts to recover such damage appears to be insufficient; and (c) the victim was fluoring the Defendant

Furthermore, although the Defendant complained of a new female-friendly body and family, it is doubtful whether it can be the reason for the Defendant to place a new life with a single female and to design a new human life.

However, there are extenuating circumstances such as the defendant's mistake against himself/herself, there is no evidence of criminal punishment other than a fine once, the defendant deposited KRW 27 million in the original trial for the victim, the fact that the defendant wants the defendant's wife against the defendant, and all other sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the range of recommended sentence according to the sentencing guidelines of the Supreme Court for each of the crimes of this case, the types of fraud crimes in accordance with the sentencing guidelines of the Sentencing Commission for the crime of this case, the types of general fraud (less than KRW 100 million), the decision of the recommended area, the scope of recommended sentence (excluding mitigation area), and the scope of recommended sentence (one to one year).

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