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(영문) 대구지방법원 2015.12.24 2015노3959
사기등
Text

Of the judgment of the court of first instance, the part concerning Defendant B and the judgment of the court of second instance shall be reversed.

Defendant

B Imprisonment with prison labor for two years.

Reasons

1. The summary of the grounds for appeal (e.g., the defendants A: imprisonment of 1 year and 2 months; imprisonment of 2 years with prison labor of 1 year and 2 years; imprisonment of 4 months) of the lower court is too unreasonable.

2. After ex officio determination (Defendant B) Nos. 1 and 2 deliberated on each of the facts charged against Defendant B, the lower court sentenced Defendant B to two years of imprisonment, and the lower court sentenced Defendant B to four months of imprisonment.

Defendant

B filed an appeal against each judgment of the court below, and this Court decided to consolidate the two appeals cases.

Defendant

Since the first and second crimes against B are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence shall be imposed within the scope of the term of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act, among the judgment of the court of first instance, the part concerning Defendant B and the judgment of the court of second instance cannot be maintained any more.

3. Defendant A’s decision on the assertion of unfair sentencing is based on the recognition and depth of Defendant A’s mistake.

The defendant has yet to be aged, and there is no record of criminal punishment heavier than a suspended sentence prior to each of the crimes in this case.

The sum of the acquired amount of fraud of this case is not more than KRW 8 million, but less than KRW 8 million.

In the case of the larceny of this case, the amount of damage is relatively small, and the circumstances agreed with the victim are recognized.

However, there are several criminal records such as criminal punishment, juvenile protective disposition, etc. against the accused due to violence, theft.

The number of crimes committed by each of the instant fraud crimes is high, and the damage recovery or agreement was not reached until the trial even though the victim was a majority.

The nature of each of the crimes in this case is very poor in light of the frequency of the crimes in this case and the method of the commission of crimes.

In light of the defendant's criminal records and the contents of each of the crimes in this case, it is inevitable to punish the defendant.

The age, character and conduct of the accused, and others.

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