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(영문) 대전지방법원 2020.12.23 2020노3503
사기
Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of one year and eight months.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. In light of the following: (a) the lower court’s determination was based on the fact that the Defendant committed a systematic fraud against an unspecified number of victims, as shown in the reasoning of the lower judgment, which led to the following: (b) the social harm of the Defendant is extremely serious; and (c) the nature of the Defendant’s participation in the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of multiple

However, considering all other factors such as the defendant's age, character and conduct, environment, and circumstances after committing the crime of this case, the court below's punishment against the defendant is too unreasonable, because it is too unreasonable to recognize that the defendant's punishment of this case is too unreasonable.

3. Thus, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the compensation order part among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

【Discrimined Judgment】 The facts constituting a crime and the summary of the evidence recognized by the court, and the summary of the evidence, are identical to the corresponding column of the judgment of the court below, except for the alteration of “1. The Defendant’s partial statement” as “1. The Defendant’s oral statement” in the first instance judgment to “1. The Defendant’s oral statement”. As such, they are cited as it is in accordance with Article 3

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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