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(영문) 의정부지방법원 2016.11.03 2016노2251
사기
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

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

2. The offense is inferior in light of the content and method of deception made by the Defendant.

The defendant committed the crime repeatedly against many unspecified victims who are vulnerable to the crime for a long period of up to eight years, and the possibility of criticism is high.

However, the defendant did not have any previous convictions other than the past 20 years prior to the previous 20-year fine, and most of the damages were recovered by agreement with or deposit for the victims.

The defendant appears to have used to support the defrauded money to the family, and there is a family member(s) to support the money at present.

It seems that the defendant seems that he seriously reflects his wrong.

In light of the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions shown in the arguments in this case, as well as the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (referring to six months to one year and six months from imprisonment), and the basic area (referring to six months to one year and six months from imprisonment) (referring to a special mitigation) of the basic area (referring to six months to one year and six months), / Cases where punishment is not granted or damage is recovered / Cases where the defendant was committed repeatedly or repeatedly over an unspecified or large number of unspecified victims, etc., the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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.

【Reason for the Judgment of the Supreme Court】 Criminal facts and summary of evidence recognized by the court, as well as facts related thereto.

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