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(영문) 전주지방법원 2019.08.22 2019노700
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal - The lower court’s imprisonment (one year and six months) is too heavy.

2. The crime of this case is a case in which the Defendant posted a false letter on the Internet medium and high-speed trading website over about ten months and acquired money from many victims who believe it, and the total amount of damages exceeds 50 million won.

Even while the defendant is under investigation and trial on part of the crime of this case, it is not good that the crime of this case is committed in order to prepare a mutual agreement, etc.

These points are disadvantageous to the defendant.

However, the defendant recognized all of the crimes of this case from the investigation process, and is detained for not less than seven months, and the mistake is divided and reflected.

In the process of the trial at the court below and the trial at the party, a majority of the victims of this case (5 of 68 persons, the defense counsel of the defendant, 63 of total 68 persons, and 68 persons who can confirm the data on refund of the amount of damage) have been urged to recover from damage, and many victims expressed their intention that they do not want the punishment of the defendant.

There is no history of criminal punishment against the defendant.

These points are favorable to the defendant.

In full view of the above circumstances and all other circumstances, including the Defendant’s age, character and conduct, and environment, and the sentencing conditions indicated in the instant pleadings and records, the lower court’s punishment is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court 】 The criminal facts and the summary of evidence against the defendant recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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