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(영문) 대구지방법원 2017.08.10 2016노5578
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The amount of the Defendant’s deceptive money reaches KRW 55 million, and the damage (45 million) to the victim C is not recovered, etc. is disadvantageous.

However, considering the favorable circumstances, such as the defendant's oppositeness, the fact that the defendant was sentenced to a fine once, and the fact that the victim E and the defendant agreed smoothly at the time of the past trial, it is judged that the punishment imposed by the court below is unfair due to the absence of sentence and the circumstances after the crime.

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, and the judgment below is ruled again after pleading as follows.

Criminal facts

As stated in each corresponding column of the judgment of the court below and the summary of evidence, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

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

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