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(영문) 인천지방법원 2019.10.25 2019노2150
사기등
Text

All judgment of the court below shall be reversed.

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

The defendant shall make an application for compensation to the applicant for compensation in the trial.

Reasons

1. The summary of the grounds for appeal (in the first instance court: 6 months of imprisonment with prison labor and 2 months of imprisonment) of the lower court is too unreasonable.

2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine the above appeal cases.

Each of the judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud) and Article 329 of the Criminal Act and choice of imprisonment with prison labor for the crime;

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

1. The reason for sentencing under Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., of Orders for Compensation and Sentence of Provisional Execution [The reasonable circumstance] Defendant is against the confession of the instant crime.

Some of the victims have returned the defrauded money.

There is no history of criminal punishment against the defendant.

[Unfavorable circumstances] The defendant repeated the crime of fraud against many unspecified victims on the Internet for a short time, and the nature of the crime is very heavy.

The defendant has a record of being subject to juvenile protective disposition for the same crime several times.

There are about 50 victims.

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