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(영문) 대전지방법원 2018.01.18 2017노3341
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The court below held that it is difficult to prevent damage because the method of crime can not be systematically, intelligent and boomed, and it is generally difficult to prevent damage, since the crime was committed by ordinary people, and social harm caused by the crime is very serious, and the state agencies, etc. are misrepresented in the course of defraudation, thereby causing the general public to influence of the crime. Therefore, it is necessary to strictly punish the participants.

The defendant left the Republic of Korea to take part in the crimes of Bosing, and the victim did not have to take part in the act of deception directly against the victims.

However, the Defendant recognized all the crimes of this case, and is against the law.

The Defendant agreed with W, U, Q, and R in the lower court, and further agreed with P and V in the trial.

The defendant has no criminal records which exceed the same kind of crime and fine.

In addition, considering all of the sentencing conditions in this case, such as the character, conduct, environment, motive, means and result of the crime, the sentence of the court below is too unreasonable.

3. As such, the Defendant’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 the Defendant’s appeal is again decided as follows after pleading ( there is no reason for the prosecutor’s appeal, but the prosecutor’s appeal shall not be dismissed separately from the disposition of the court in order to accept the Defendant’s appeal and reverse the judgment below). The summary of the facts constituting an offense and the evidence is the same as the entry in the corresponding column of the judgment of the court below, and thus, they are cited pursuant to Article

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act (Punishment of imprisonment) shall apply to the relevant criminal facts and the choice of punishment.

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