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(영문) 대전지방법원 2014.10.30 2014노1619
사기
Text

The judgment below

The part on the 2 to 8 crime in the judgment shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (as to the crime of expulsion No. 1: Imprisonment with prison labor for 6 months, and as to the crime of crime No. 2 and No. 8 as indicated in the judgment: Imprisonment with prison labor for 2 years and 6 months) is excessively unreasonable.

2. It is an unfavorable circumstance that the Defendant had been sentenced to punishment for the same kind of crime on several occasions, most of the crimes have been committed during the repeated crime period, and that it is expected that the Defendant would make a big profit when the Defendant completely completed the multi-household house that the Defendant completed and sold, and that the Defendant extended damages from the victims of many people without any particular repayment measure.

However, after a final and conclusive judgment, the Defendant agreed with L,O, Q, and the amount equivalent to KRW 14 million out of the successful bid price for a passenger car owned by the Defendant was distributed to the victim V and partly compensated for losses, and in full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the circumstances before and after the crime, the sentence imposed by the lower court is deemed to be too unreasonable, and thus, the Defendant’s assertion on unreasonable sentencing is reasonable.

However, with respect to the crime of No. 1 in the judgment of the court below prior to the final and conclusive judgment, the sentence of the court below is not too unreasonable even if comprehensively considering the above sentencing conditions.

3. In conclusion, since the defendant's appeal against the crime Nos. 2 through 8 in the judgment of the court below is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal against the crime No. 1 in the judgment of the court below shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and

【Grounds for the Judgment of the Supreme Court 】 The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as that of the judgment of the court below, so the Criminal Procedure Act is the same.

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