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(영문) 대전지방법원 2019.08.28 2018노3629
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his/her mistake and reflects his/her mistake, and that there is no record of criminal punishment except that he/she has been sentenced once to a fine for an independent crime.

However, each of the crimes of this case is based on the trust relationship with the victim, and the nature of the crime is very bad in light of the background and method of the crime and the circumstances before and after the crime, and the amount of damage is not significant, and the damage was not recovered even after being given a considerable period of time after each of the crimes of this case. In light of the circumstances unfavorable to the defendant, and all other sentencing conditions specified in the records and arguments of this case, the punishment sentenced by the court below is deemed unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 347(1) of the Criminal Act (including fraud and comprehensive charge), Article 329 of the Criminal Act, Article 70(1)3 of the Specialized Credit Finance Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances prior to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act; and

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