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(영문) 의정부지방법원 2020.07.23 2020노1016
사기등
Text

The defendant's appeal is dismissed.

The application for compensation of this case is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a four-time fraud for the same victim, a two-time computer, and a single theft.

The total amount of damage caused by the instant crime reaches KRW 25,350,000.

The crime of this case committed by abusing trust relationship with a female-child victim is a conclusive intentional act concerning the deception.

The Defendant had been punished about 20 times prior to the occurrence of several crimes, and in particular, committed the instant crime against the prepared female by means of fraud similar to the instant case. On March 16, 2018, the Defendant was sentenced to two years of suspended execution on October 24, 2018 due to the violation of the Establishment of Homeland Reserve Forces Act in the Jung-gu District Court Goyang Branch, which was sentenced to two years of suspended execution on March 24, 2018, and committed the instant crime during the period of suspended execution due to the previous conviction.

The victim wanted to punish the defendant for a severe punishment.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant is showing the attitude of confessioning and opposing the crime of this case in the first instance.

Some of the funds that the defendant borrowed without permission was remitted to the victim.

In addition, the automobile security loan is about KRW 8,660,00,000 as part of the money has been repaid through the process of exercising the security right.

The instant crimes are both the crimes described in the facts of the lower judgment for which judgment has become final and the concurrent crimes under the latter part of Article 37 of the Criminal Act, and the sentence should be imposed in consideration of equity in the case where the judgment is rendered concurrently

These circumstances are favorable to the defendant.

In addition, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime are committed.

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