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(영문) 광주지방법원 2014.10.30 2014노1473
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (three and eight years of imprisonment) is too unreasonable.

2. The fact that the majority of the victims are the victims, the amount of damage exceeds KRW 460 million, the defendant acquired money from the victims by means of construction subcontracting, etc., and the nature of the crime was poor, and the defendant agreed with all victims during the trial, but the significant portion of the damage has not yet been recovered.

However, after the defendant was punished for a crime of fraud in 199, he did not have any record of being punished for a crime of the same kind, and there was no record of being punished for a suspended sentence for the last ten years. ① The defendant deposited 5 million won at the court below for the victim H Co., Ltd., and paid 30 million won at the court below for the victim N, ② the defendant deposited 4 million won at the court below for the victim N, and paid 31 million won at the court below, and the above N paid 31 million won at the court below, and completed the registration of transfer of ownership with the above 826mm2 in Jeonyang-gun, Jeonyang-gun, Jeonyang-gun (However, there seems to be dispute over the part of returning the difference), ③ the victim Q, deposited 65 million won at the court below for the victim R, and paid 20 million won from the court below to 20 million won at the court below for the victim H, and the defendant agreed to pay 30 million won at the court below's normal circumstances and the defendant's agreement.

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.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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