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(영문) 대구지방법원 2013.12.26 2013노2365
사기
Text

The judgment of the court below is reversed.

As to the crime No. 2, 3, and 4 of the judgment, the defendant shall be punished by imprisonment with prison labor for two months.

Reasons

1. The summary of the grounds for appeal (an offence No. 1 in the original judgment: Imprisonment with prison labor for 2 months, and a crime No. 2, 3, and 4 in the original judgment: Imprisonment with prison labor for 6 months) that the court below rendered is too unreasonable.

2. On 2004, the Defendant has a record of criminal punishment several times, including punishment of a fine for fraud.

The crime of this case was committed by the victims, who were the operators of the original supply processing company, who did not have the ability of the defendant to pay the price, or were processed by the original contractor, the original contractor, and the original team, and did not pay the price. The total amount of the damage exceeds 30 million won, and the defendant suffered a significant pain by saving and diving contact for a considerable period of time.

The defendant was unable to reach an agreement with the victim L until the court of trial.

However, the defendant is recognized as committing a crime, and his depth is divided.

In the first instance, the victims did not want to be punished against the defendant in consultation with the victim C, F, andO, and deposited 1.5 million won for the victim L.

The first crime is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

When the defendant takes into account the defendant's age, character and conduct, and environment and all of the sentencing conditions shown in the records and arguments of this case, the punishment sentenced by the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each 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 Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Handling concurrent crimes;

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