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(영문) 광주지방법원 2018.05.10 2018노964
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (one year and two months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is a bad crime because the defendant acquired money and pecuniary benefits to the victims by using the trust of women who were in the teaching system on the premise of marriage, and is not a crime.

The sum of the financial profits acquired by the accused is 19 billion won.

The victims received a loan from the defendant to the defendant, and thereby the victim H took the personal rehabilitation procedure.

Before the instant case, the Defendant had been punished three times for fraud (one time for punishment, and two times for fines), and the content of the crime was against the women who were under the teaching system, as in the instant case.

On the other hand, the following conditions are favorable.

Defendant confessions and objects to crimes.

The victim D does not want to punish the defendant under the agreement with the defendant (the payment of 20 million won and exemption of the remaining amount of damage). The defendant does not want to punish the defendant (the victim paid 20 million won out of 50.8 million won to pay 20 million won out of 50.8 million won to the victim) by excessive agreement with the victim H. The remaining 30.8 million won will be changed each month thereafter. In addition, the circumstances leading to the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., and the scope of recommended sentencing guidelines of the sentencing committee (eight months to 4 years of imprisonment) [the scope of recommended punishment] types 2 (the basic area (8 months to 10 million won, and less than 50 million won): the basic area (8 months to 4 years): the basic area of the victim's imprisonment with prison labor; the victim's remaining 30.8 million won will be changed to 500,000 won each month.

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