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(영문) 대전지방법원 2016.12.15 2016노2338
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court against the Defendant is too unreasonable.

2. The fact that the sum of the money obtained by deception exceeds KRW 300 million is a large amount of money unfavorable to the Defendant.

However, in light of the fact that the defendant is against his mistake, the victim D, L, P and the original agreement was reached, and in particular, the victim is seeking the defendant's wife by making repayment of the damage to M and G, who are the rest victims, and the agreement was reached, and the family members of the defendant are trying to return to normal social life, and the social ties of the defendant seems clear, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence of the court below against the defendant is unreasonable.

Therefore, the defendant's argument of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to the facts constituting the offense against the defendant recognized by the court and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below.

Application of Statutes

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

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