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(영문) 대구지방법원 2018.07.27 2018노1981
사기
Text

1. The part of the judgment below against the defendant except the compensation order shall be reversed.

2. The defendant shall be punished by imprisonment for nine months.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the crime of this case was committed by deceiving the victims, deceiving the victims of money, and cancelling the registration of provisional seizure and the registration of establishment of a right to collateral security, which was established for the purpose of securing obligations to the victims, and that the defendant did not receive a letter from the victim D, Q, R, and S.

However, it is also recognized that there are no criminal records exceeding the same kind and fine, and that there is an agreement with the victim F and G.

In addition, considering the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments after the crime, the sentence imposed by the court below is somewhat unreasonable.

3. If so, the defendant's appeal is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the compensation order is reversed, and it is decided again after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The Defendant’s partial statement” of the 6th page 1 of the summary of the evidence of the judgment of the court below as “1. The Defendant’s oral statement” is the same as the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud against victim D), Article 347(2), Article 347(1) of the Criminal Act (the fraud against victim F and G), Article 347(2), Article 347(1), Article 30 of the Criminal Act, Article 347(2), Article 347(1), and Article 30 of the Criminal Act, Article 347(2), and Article 347(1), and Article 30 of the Criminal Act, the choice of imprisonment for each of the

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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