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(영문) 대전지방법원 2015.06.18 2014노2708
사기
Text

The judgment of the court below is reversed, and the compensation order is revoked.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. Part of the defendant's case

A. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) is too unreasonable.

B. The crime of this case is an unfavorable circumstance, such as the fact that the defendant deceivings the victim who had been in a continuous transactional relationship, and that the criminal liability is not less than that of the crime, and that the defendant did not receive a letter because he did not agree with the victim.

However, it is reasonable to take into account the following circumstances: (a) the Defendant has a deep depth and reflects the Defendant’s mistake; (b) the Defendant deposits the entire amount of the victim acquired on behalf of the Defendant immediately after the original sentence; (c) additionally deposited 5 million won at the trial; and (d) there is no record of criminal punishment exceeding the fine. The scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Supreme Court Sentencing established by the Sentencing Commission is: (a) year from January to January; (b) general fraud type 1 (10 million won); (c) special salvists (in cases where damage was recovered from the upper part); (d) decision of the recommended area (i) decision of the recommended area (i.e., mitigation range, recommendation range (1-1 year); (b) major positive factors that can be suspended execution: (c) the Defendant’s age, character and behavior, motive, means and consequence of the crime; and (d) the Defendant’s compensation order is too unreasonable by promptly considering all the following factors: (i) the Defendant’s compensation order for damage to the Defendant’s 15th instance.

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