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(영문) 대구지방법원 2017.02.15 2016노4767
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The sentence imposed by the lower court (one year and nine months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. It is recognized that the amount of the judgment obtained by deception is a large amount of up to 178 million won, and that the victim D’s damage was not completely recovered, and that the victim did not agree with the above victim (amount of KRW 138 million).

However, when considering all of the sentencing conditions in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant offenses, etc., the sentence of the lower court is too unreasonable, in light of the fact that the Defendant is divided into his mistake, the first offender, the victim C paid KRW 2,80,000 to the victim C as interest, and the fact that there was an agreement with the said victim by paying additional KRW 40,000 to the said victim, and that there was an agreement with the said victim.

3. According to the 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 well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (to be collectively punished by victim and to be punished by imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in a crime of fraud against victims D with heavy circumstances);

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