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(영문) 대전지방법원 2018.07.26 2018노417
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of reasons for appeal: The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. The court below held that it is difficult to prevent damage because the method of crime can not be systematically, intelligent and boomed, and it is generally difficult to prevent damage, since the crime was committed by ordinary people, and social harm caused by the crime is very serious, and the state agencies, etc. are misrepresented in the course of defraudation, thereby causing the general public to influence of the crime. Therefore, it is necessary to strictly punish the participants.

The defendant has been in charge of the so-called delivery of the Singing Organization. The amount of fraud of this case is large, the victims are many, and the victims have not agreed with the victims.

However, the Defendant recognized all the crimes of this case, and is against the law.

The defendant first reported the advertisement to seek a part-time fee, and had been involved in the criminal conduct of a part-time fee, and it seems that there was no conclusive perception about the overall criminal conduct.

Since the crime of this case is in the relation of concurrent crimes between fraud and the latter part of Article 37 of the Criminal Act as stated in the judgment of the court, the equity between the case and the judgment shall also be considered.

In addition, in full view of all the sentencing conditions shown in the instant case, such as the character, conduct, environment, motive, means and consequence of the Defendant’s crime, the sentence of the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act regarding criminal facts as well as the choice of punishment.

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