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(영문) 대전지방법원 2013.11.07 2013노1999
사기
Text

The judgment below

The remainder, excluding the dismissed portion of each application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for eight months.

Reasons

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. In light of the following facts: (a) the sum of the amount obtained by deceit due to each of the instant frauds exceeds 16 million won; and (b) the suffering of the victims seems to have been considerable; (c) it is recognized that the above victims do not want the punishment any longer by agreement with the victims for the first time; (d) the Defendant’s failure to repay each of the instant money is due to the situation where separate claims possessed by the Defendant at the time were not recovered properly; (e) there are some circumstances to be taken into account; (e) the Defendant did not have any specific criminal power except for the previous offense; (e) the Defendant did not have any other criminal power; (g) the Defendant’s age, character and conduct, environment, motive, and circumstances before and after the crime; and (e) taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, the sentence imposed by the court below against the Defendant is too unreasonable. Therefore, the above assertion is justified.

3. Accordingly, according to the conclusion, the remainder of the judgment below excluding the dismissed portion of each application for compensation among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act shall be reversed, and the following judgment shall

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration in favor of the above judgment);

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