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(영문) 제주지방법원 2020.06.18 2020노148
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The so-called “singing” crime, such as each of the instant crimes committed by the Defendant with respect to the grounds for appeal, is a crime committed systematically, planned, and intelligently against many and unspecified persons, and the scope of damage is unlimitedly differentiated and is not easy to recover from damage. As such, social harm caused therefrom is also serious.

Furthermore, the Defendant, while committing each of the instant crimes, misrepresenting the prosecutor, investigator, etc., thereby seriously damaging the trust of the general members of society, state agencies, financial institutions, etc. as well as the victims, thereby significantly raising the possibility of social criticism.

Therefore, it is necessary to eradicate these crimes through severe punishment.

However, the fact that all of the crimes of this case are recognized by the defendant, and that the above victims do not want to be punished by the defendant by agreement with the other victims except for one victim up to the trial of the court, and that there is no record of criminal punishment prior to the case (the previous conviction in the judgment of the court below is the same kind as the victims of this case). Since each of the crimes of this case is concurrent crimes with the final judgment, it is necessary to consider equality in the case where the judgment was received at the same time as the judgment of the

In addition, in full view of all the sentencing conditions in this case, including the defendant's age, character and conduct, family relationship, motive and attitude of the crime, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Grounds for the Judgment of the Supreme Court】 The summary of facts constituting a crime and evidence is examined.

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