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(영문) 전주지방법원 2016.07.22 2016노469
사기등
Text

The part of the judgment of the court Decree No. 1 and the judgment of the court below No. 2 shall be reversed.

Defendant 1.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (each of the crimes listed in the first instance judgment: Imprisonment with prison labor for four months, suspension of execution for two years, and second crimes listed in the first instance judgment: imprisonment with prison labor for six months, and imprisonment with prison labor for four months, and imprisonment with prison labor for four months and suspension of execution for two years) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the crimes listed in the judgment of the court of first instance and each of the crimes listed in the judgment of the court of second instance in the judgment of the court of first instance are concurrent crimes under Article 38(1) of the Criminal Act, one of the crimes listed in the judgment of the court of first instance should be sentenced pursuant to Article 38(1) of the Criminal Act, and therefore, the part concerning each crime listed in Article 1 of the judgment of the court of first instance and the judgment of the court of

3. Of the judgment of the first instance court, the fact that the Defendant recognized the instant crime and reflects the mistake thereof in depth, and that there was no record of criminal punishment prior to the instant crime, etc. is favorable to the Defendant.

On the other hand, the crime of this case is to be fully paid if the defendant obtained a loan under the name of the victim because the defendant must raise the loan performance.

The fact that the crime was not less than 11 million won by deceiving the victimized person through fraud, and that the defendant was sentenced to 2 years of suspension of execution on June 28, 2014 in the Jeonju District Court's military mountain support for the crime of violation of the Punishment of Violences, etc. Act (the composition and activities of organizations, etc.) and committed the crime of this case without being aware of the fact that he was under suspension of execution, even though he was sentenced to 2 years of suspension of execution on June 28, 2014, and that he did not reach an agreement with the victim until the trial of the party, and that he did not actively endeavor to recover damage, etc., is disadvantageous to the defendant.

The above circumstances and other circumstances, the background of the instant crime, the age of the Defendant, and the Defendant.

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