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(영문) 대구지방법원 2019.01.18 2018노4061
사기등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant has a total of 50,151,444 won, which has been punished twice including the suspended sentence for the same kind of fraud, the failure to attend the court on the trial date, and the failure to reach an agreement with the victim B corporation.

However, it is also recognized that the defendant's mistake and reflects the defendant's mistake, there is no criminal conviction, there is an agreement with the victim E during the trial, and the defendant's will want the defendant's wife.

In addition, considering various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence of the court below is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, the choice of imprisonment for a crime;

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

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