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(영문) 광주지방법원 2015.05.14 2014노3189
사기
Text

The judgment of the court below is reversed.

The punishment of the defendant shall be two months of imprisonment with prison labor, and the decision No. 2.1.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (the first crime in the original judgment: imprisonment with prison labor for four months, and imprisonment for two years and six months: imprisonment with prison labor for two years and six months) is too unreasonable.

Judgment

In addition, the defendant committed crimes of Articles 2 through 6 of the decision of the court below without being aware of the same criminal history, even though he was a repeated crime or a suspended sentence due to the same crime, and furthermore, even though the defendant had been tried on part of the crime of this case, he committed the crime of this case repeatedly despite the fact that he committed the crime of this case, the victim by the crime of this case is eight persons and the sum of the money acquired through deception is about 230 million won, and even though the result of the crime is significant, some damage to the victim M and damage to AG, AG, K, AM, and AO has not been completely recovered, etc.

However, in the case of crimes No. 1 of the judgment of the court below, the defendant's mistake is recognized, the defendant has a minor child to support the defendant, the defendant has reached an agreement with the victim G in the appellate trial, and there was a possibility of being tried simultaneously in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment of the court below. In the case of crimes No. 2 or 6 of the judgment of the court below, the data proving the fact that the defendant remitted the victim M on January 16, 2014 to the victim M are additionally submitted, and the fact that the defendant has reached an additional agreement with P and U

In addition, the scope of recommended sentences according to the sentencing guidelines set by the Sentencing Committee (limited to the crimes of Articles 2 through 6 in the original judgment, the general fraud type 2 (limited to the crimes of KRW 100 million, KRW 500, KRW 500, KRW 1/3 as a result of the addition, the types of which rise in one step as a result of the increase in one step): 1 year and 8 months or 6 years: the imprisonment with prison labor set forth in the original judgment and the lower court’s judgment as to the crimes of KRW 1.

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