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(영문) 대전지방법원 2014.07.03 2014노1007
사기등
Text

The judgment of the court below is reversed.

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The sentence imposed by the lower court (two years and six months of imprisonment) shall be excessively unreasonable.

2. The amount of damage caused by the instant crime reaches KRW 290,000,000,000, and the fact that the Defendant acquired money from many victims using the same deception method, and that most victims did not recover from the damage is disadvantageous.

However, in light of the following facts: (a) the Defendant was in the past in the trial with W of the Victim W and expressed the Defendant’s intention not to punish the Defendant; (b) the Defendant did not have any criminal record more than a suspended sentence; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, the Defendant’s allegation of unfair sentencing is deemed unfair

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited 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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 32 (1) 3 and Article 25 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by Rejecting an application for compensation order (the defendant has agreed to pay part of the amount to the applicant for compensation, and the scope of liability for compensation is not clear);

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