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(영문) 대구지방법원 2020.04.24 2019노5192
사기등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The order for compensation of the original judgment.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. According to the court below's decision of ex officio, the defendant's written statement in the court below, the applicant for compensation prepared by B, D, E, and F, etc., it is recognized that the above applicant for compensation has suffered damages equivalent to the amount acquired by deceit by the defendant through deceitation of KRW 850,00 from B, the applicant for compensation, KRW 70,00 from D, the applicant for compensation, KRW 90,00 from E, and KRW 70,00 from the applicant for compensation.

However, according to the agreement written by the defendant, the applicant for compensation, E, F, D, and B, and each remittance statement of the above applicants for compensation submitted by the defendant in the trial, it is recognized that the defendant agreed with the applicant for compensation since the defendant was in the trial and transferred the agreed amount to the applicant for compensation. Since the above applicant for compensation has no reason, the part of the compensation order for the above applicants in the judgment of the court below was no longer maintained.

3. The judgment on the grounds of appeal is an unfavorable circumstance to the defendant that, even though the defendant had already been punished twice as a crime of fraud and had had had a record of being subject to a protective disposition for several violent crimes, he/she obtains money from several victims in the name of the selling price of the goods and commits violent crimes, which are not very good to the quality of such crimes.

However, all of the crimes of this case are led to confessions and reflects of all of the crimes of this case, and the victim E, F, V, D, U, Y, and B agreed with the victim of the fraudulent act and remittance of the amount of the money obtained by deception to the victim X, etc. The defendant seems to have experienced difficulties in adaptation to social life as the deaf and female, the defendant is expected to live faithfully for his children, and the risk of repeating the crime seems to be low due to the large relationship between the defendant's family members.

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