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(영문) 대구지방법원 2015.12.24 2015노3391
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. Each of the crimes of this case is deemed to have acquired money by deceiving a large number of victims, and the quality of the crime is inferior in light of the period of the crime and the total amount of the defraudation, and the responsibility for the crime is heavy.

It is recognized that there is a need to punish the defendant strictly because the damage has been completely recovered or the victims have not reached an agreement with all the victims.

However, the defendant recognized the error of each of the crimes of this case as soon as possible, and runs counter to the depth.

Prior to each of the crimes in this case, there is no same criminal records, and there is no particular criminal records except for those punished once a fine.

The defendant paid 20 million won to the victim D and H respectively, and it is also recognized that the defendant made efforts to recover damage, such as deposit of 20 million won for the victim L and deposit of 15 million won for the victim J.

In addition, considering the circumstances leading to each of the instant crimes, such as the background leading up to the instant crimes, the age, environment, character and conduct of the Defendant, and circumstances before and after the instant crimes, the lower court’s punishment is too unreasonable.

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 reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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

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