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(영문) 대구지방법원 2015.01.30 2014노4342
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and four months of imprisonment) is too unhued and unfair.

2. The judgment of the defendant has such favorable circumstances as the confession and reflect of the crime of this case, the fact that the automobile of this case for the embezzlement of this case has been returned to the victim. However, the defendant has a considerable amount of 120 million won in total due to each crime of this case. The defendant has been punished 10 million won for the same crime (5 times of imprisonment, 5 times of fine). The defendant did not reach agreement with the victims up to the trial, and the damage was not recovered. In the case of the victim D, the damage seems to be significant due to the defendant's large amount of liability due to the crime of this case. The scope of the recommended sentencing guidelines of the Supreme Court for each crime of this case [basic crime: Type 1 of general fraud (less than KRW 100 million, aggravated punishment), aggravated factors - serious damage to the victim, the relevant area of increase (1/2 of the above punishment), the defendant's imprisonment with prison labor for a considerable period, the motive and punishment of the defendant for the crime of this case to the majority for 13 years and 14 years of imprisonment [3 years of imprisonment].

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as stated in the corresponding column of the judgment below, so the Criminal Procedure Act is the same.

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