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(영문) 대구지방법원 2018.10.26 2018노2818
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of two years and eight months.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The instant crime was committed on a systematic and systematic basis against many unspecified persons. The so-called “singing” crime committed by the Defendant is deemed to have been committed on a systematic and systematic basis. The method of committing the instant crime is very poor, and thereby, it is necessary to strictize the participants in the society. The Defendant, who acquired a total of KRW 115,170,000 from nine victims, but did not agree with the victims.

However, it is recognized that the defendant's recognition of the crime of this case is against the defendant, the defendant is the first offender who has no criminal history, the defendant appears to have cooperated with the investigation agency after the arrest, and the defendant's family members want to take the lead to the defendant and take the action.

In addition, considering the various circumstances such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, the punishment of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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