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(영문) 수원지방법원 2017.09.29 2017노5376
사기
Text

The judgment of the court below is reversed.

A fine of 7,00. is imposed on the defendant's frauds that are entered once a net of the crime sight list 1.

Reasons

1. The summary of the grounds for appeal is as follows: each type of punishment of the court below (a fraud which is entered one time a quarter of crime: imprisonment of 2 months, imprisonment of 1.2 and 3 times a patrol of crime, and 2.1 to 4 times a patrol of crime: imprisonment of 2.2 months, imprisonment of 1.4 and 5 times a patrol of crime, 2.5 times a patrol of crime, and 2.6 times a patrol of crime: imprisonment of 2.2 months).

2. In the crime of this case, the crime of this case, which was committed on the market, by deceiving a victim who is vulnerable to the crime by deceiving the victim who is vulnerable to the crime, and by obtaining a delivery of a total of 6,600,000 won from the victim, shall be acquired, while the crime of this case is not committed by taking the victim into account the pecuniary profits equivalent to the total amount of 5,970,000 won by causing the victim to pay the gold and gold paper by credit card, bringing the above gold and gold paper, or settling the drinking value by using the credit card issued by the damaged person, and it is minor that the crime is committed

In addition, the defendant is highly likely to be subject to criticism in that he committed a crime without being aware of it even though he was under probation due to the forced indecent act committed in the judgment of the court below (excluding the crime of fraud listed in the 1st time table of crime).

However, the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for a fraudulent crime until the time, that the defendant agreed with the victim in the original trial, that the defendant paid the amount of damage to the victim in addition, that the defendant paid the amount of damage to the victim up to the past five months, that the defendant would have been given an opportunity to reflect to a certain degree through a prison life for about five months due to this case, that the defendant would have been given an opportunity to reflect to a certain degree, that the defendant should consider equality with the case of forced indecent conduct in the judgment of the court below at the same time with regard to the crime of fraud as stated in the first time of the crime list of crimes, and that the defendant's age, sex, environment, relationship with the victim, motive, means and result of the crime, and the circumstances after the crime, etc. are included in the records.

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