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(영문) 대전지방법원 2014.01.22 2013노1920
사기
Text

The judgment below

The remainder, excluding the rejection of an order for compensation and an application for compensation, shall be reversed.

Reasons

1. In light of all the circumstances, including the fact that the defendant is against whom the summary of the grounds for appeal (e.g., imprisonment and imprisonment for a period of two years and six months), the punishment sentenced by the court below is too unreasonable.

2. The crime of this case is determined by the following facts: (a) as if the Defendant had the right to purchase the three-dimensionals related to the purchase of the betting tickets available to the victims who want to purchase the betting tickets, F displayed the acceptance confirmation source related to the right to purchase the betting tickets provided by the victims; (b) the victims who suffered from the crime of this case are six victims; (c) the amount of fraud is a large amount of KRW 277,50,000,000,000; (d) the Defendant deceivings the victims by means of the sale and purchase of the betting tickets that cannot be transferred to the names; (b) the criminal law is planned and active; and (c) the victim is a good victim who did not have any error on the part of the victims who want to purchase the betting tickets related to the Sejong City, and damage (total KRW 140,00,000) to four other victims except the victims C and E, and the victim is not subject to contact with the victims; and (c) the circumstances that are not disadvantageous after the crime are committed.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s judgment is based on the following: (a) the Defendant was committed, and was committed against the depth of the Defendant; (b) the victim C and E did not want the Defendant’s punishment by mutual consent from the victim C and E; and (c) the Defendant did not have any specific criminal history, including the same crime, in addition to the punishment by a fine twice for the instant crime; and (d) the Defendant did not have any specific criminal history.

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