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(영문) 대전지방법원 2019.07.25 2019노1310
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

20 million won shall be additionally collected from the defendant.

Reasons

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

2. The total amount of damage from fraud and embezzlement exceeds KRW 200,000,000, and the fact that a variety of forms of crime is committed by intention and affirmative means over a long-term period against many victims who were in trust relationship by taking advantage of the Defendant’s position in the workplace, and the quality of such crime is not very good.

However, in light of the following: (a) the Defendant’s mistake is recognized; (b) there was an agreement with most victims, such as D et al., which had withdrawn the intention of agreement at the lower court for the first time; and (c) the Defendant made efforts to recover damage after the commission of the crime; (b) the result appears to have been recovered from damage; (c) favorable circumstances such as the primary offender, etc.; and (d) other favorable conditions such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) various sentencing conditions specified in the instant records and the trial process, such as the circumstances after the commission of the crime, the lower court’s punishment is deemed unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the former Criminal Act’s Act on May 29, 201.

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