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(영문) 의정부지방법원 2015.08.21 2015노1405
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three years of imprisonment) shall be too unreasonable;

2. We examine the argument of unfair sentencing, and consider the method and means of fraud of this case committed by the defendant, and the degree of damage (the total amount obtained by deceit amount to KRW 477,8640,00), etc., which are disadvantageous to the defendant, such as the fact that the nature of the crime is inferior, and that the parties did not reach an agreement with six victims or complete damage recovery until now, and that the victims’ obligation to the victims would be considerably mitigated, and that the defendant would be deemed to have filed an individual rehabilitation application with the District Court No. 20147042 prior to the prosecution of this case.

However, it is hard to say that the defendant would not repeat again when he made a confession of the crime of this case and made a statement that he will repent of his depth, and that he would not repeat again, that there was no previous conviction, and that there was only one time before and after a fine due to the crime of this case. The sum of the amounts paid to the victim F. G, I, I, and J prior to the prosecution of this case is about KRW 190 million in total by paying some of the amounts to the victim F. G, I, I, and J before the prosecution of this case. The defendant's family members and branch members want to take a preference, and the victims are also responsible for the occurrence of the crime or the expansion of damage, economic situation is not sufficient, and other various circumstances such as the defendant's age, character and behavior, intelligence and environment, motive, means and result of the crime of this case, the situation after the crime, relationship to victims, family relationship, health status, and criminal record, etc., which are the conditions for the punishment of this case, the defendant's assertion that the court below's decision is inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is therefore justified.

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