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(영문) 대전지방법원 2018.01.11 2017노2204
사기등
Text

The judgment of the court below (excluding the part dismissing the compensation order among the judgment of the court of first instance) shall be reversed.

Defendant shall be punished by imprisonment for a period of three years and six months.

Reasons

1. The summary of the grounds for appeal that the judgment of the court below rendered on the defendant (the first instance court: imprisonment with prison labor for three years, and the second instance court: imprisonment with prison labor for one year) is too unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act (excluding the part of the judgment of the court of first instance that dismissed the compensation order) without examining the defendant's unfair argument of sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act (the point of fraud), Article 152 Subparag. 1, Article 43 of the Road Traffic Act (the point of unauthorized Driving), Articles 152 Subparag. 1, 43 of the Road Traffic Act, the choice of imprisonment for a prison labor;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a victim C with the largest punishment and penalty) of the Act on the Aggravated Punishment of Concurrent Crimes is extremely inappropriate in light of the form of each of the crimes of this case, the amount of damage, etc.

In particular, in the case of crimes with victims C and D, abuse of special trust relationship such as relationship of chain, thereby causing serious economic and mental damage to the victims.

Nevertheless, most of the damage of each of the crimes of this case was not recovered until the trial of the party.

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