(영문) 대구지방법원 2017.04.20 2017노419 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.04.20 2017노419

사기

Text

The judgment of the court below is reversed.

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

Seized evidence Nos. 1 and 4 shall be confiscated.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (one year of imprisonment) with respect to the summary of the grounds for appeal is too unfasible, and the prosecutor is too unfased and unfair.

2. The Defendant, in collusion with the singishing staff, acquired money from the victims a total of KRW 74,80,000 from the victims. The crime of Bosing, such as this case, is a planned and organized crime against many unspecified persons, and the role of the singishing staff, such as the Defendant, is also an essential element for the completion of the crime.

In addition, the Defendant did not receive a letter from the victim H and G among the three victims of each of the instant crimes, and in particular, in the case of 54 million won by defraudation of the victim H, it seems that it is difficult for the Defendant to recover the damage in reality due to the delivery by the Defendant to the Bosing staff.

These points are disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged and reflects on the charge; (b) the Defendant was the primary offender; and (c) the damaged part of the victim D’s damage (the defrauded amount to KRW 10,80,000) was recovered in the first instance trial; and (d) the above damaged person does not have to have the punishment for the Defendant; (b) the profits acquired by the Defendant through each of the crimes of this case were not much compared to the amount of the defraudation; and (c) other circumstances that form conditions for the sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, and circumstances after the crime

3. In conclusion, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision shall be rendered again as follows (in the event that the appeal by the prosecutor is without merit, and the judgment of the court below is reversed after accepting the appeal by the defendant, the appeal by the prosecutor shall not be dismissed in the separate order). The

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