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(영문) 의정부지방법원 2016.11.18 2016노2079
사기등
Text

The part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance shall be reversed.

Defendant 1.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 of the decision of the court below (the court below's decision No. 1: Imprisonment with prison labor for 10 months and confiscation, and fines of 1 million won) are excessively unreasonable.

2. On December 11, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud at the District Court of Jung-gu on August 11, 2015, and the judgment was finalized on December 19, 2015.

However, at the time of the original judgment, the crime was committed before December 19, 2015, while each crime was committed at the time of the first original judgment on December 19, 2015, each crime was committed after December 19, 2015, and the crime of the first lower judgment and the crime of the second lower judgment on December 19, 2015 are not in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, the punishment for each crime of the first and second lower judgment ought to be

Therefore, we examine the grounds for appeal against the judgment below. A.

In light of the content, method, and frequency of the crime, each of the crimes of this case, such as deceiving about 109 victims, deceiving about 9,770,000 won, and committing the crime of gambling in this case with the above deceptive money, etc., the crime of this case is not less less than that of crime in light of the content, method, and method of the crime, the agreement with most victims or the complete recovery of damage has not been achieved, and the same crime has been punished several times due to the same crime, and the criminal acts of this case have been committed repeatedly during the suspension of execution period for the same kind of crime shall be deemed to be disadvantageous to the defendant.

However, the above victims do not want punishment of the defendant by returning the amount of damage to the victim T (amount of damage) and the victim U (amount of damage amount of KRW 35,000) while recognizing all the facts of the crime of this case. The victim W, C, I, F, L, G, and E in the trial.

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