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(영문) 창원지방법원 2013.09.26 2013노1308
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a year and February of one year and a fine of KRW 5,00,00.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of one year and six months and the fine of five thousand won) is too unreasonable.

2. The Defendant had a record of punishment several times due to fraud or habitual fraud (two times of imprisonment, two times of suspension of the execution of imprisonment, and eight times of fine). The Defendant was sentenced to a fine due to larceny. The Defendant had a record of having been sentenced to a fine three times due to a violation of the Road Traffic Act or a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving). Nevertheless, the Defendant, despite the fact that he had a difficulty in driving normally due to influence of drinking again, inflicted injury on X who is a bus driver, and was provided with two weeks at a singing room, but did not pay the price. The Defendant committed several crimes such as theft of the gift certificates of KRW 12,715,00 after the completion of the use, and then forged the gift certificates of KRW 12,715,00,00, which were kept in custody in the form of sing, singing, and restaurant, and provided them with a large number of times of goods, alcoholic beverages, license, etc., and provided them over several times.

However, the fact that the defendant led to the confession of the defendant, the amount of damage caused by the defendant's fraud and larceny is relatively small, the victim of each fraud, D, L, andO is not punished by the defendant, the vehicle driven by the defendant is covered by liability insurance, which seems to have been partly compensated by the victim X of the traffic accident, the defendant is in the most location to support his wife and high school students, and the defendant is coming to life.

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