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(영문) 대전지방법원 2020.09.17 2020노2017
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentencing (6 months of imprisonment) of the lower court is excessively unreasonable.

B. The lower court’s sentencing of the prosecutor (e.g., indubly unfair) is unreasonable as it is too unhued.

2. In light of the fact that the defendant, although there is no ability or intent to repay, by deceiving the victims, he/she committed a crime against the victims of two names, and the total amount of damage is up to 30990,000 won, it is necessary to impose strict liability corresponding to the defendant.

However, the court below's punishment against the defendant is too unreasonable in light of the circumstances favorable to the defendant, such as the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., which are shown in the arguments of this case. In light of the above, the court below's punishment against the defendant is too unreasonable.

Furthermore, the prosecutor's assertion that the sentence of the court below against the defendant is too weak considering the above-mentioned circumstances, such as that the defendant committed a fraud against the person, and the use of the money acquired through deception as gambling money is not good, etc., and thus disadvantageous to the sentencing asserted by the prosecutor in the trial is already considered in the court below's decision, and considering the above-mentioned circumstances, the prosecutor's argument that the defendant's punishment against the defendant is too weak cannot

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 with merit.

[Reasons for the judgment of multiple times] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below.

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