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(영문) 대전지방법원 2014.12.18 2014노1629
사기등
Text

The judgment below

The remainder, excluding the compensation order part of C, D, and E, which is the applicant for compensation, shall be reversed.

Defendant .

Reasons

1. The sentence imposed by the court below (six years of imprisonment) is too unreasonable.

2. It is very poor that the defendant's punishment one time and three times of suspended execution for the same crime, such as fraud and embezzlement, has the ability to punish more than ten times, and that there is a number of victims (4 persons with fraud part 21 and embezzlement part) by deceiving about two years and five months, and repeatedly committing a crime of the same and similar veterinary method for a long period of time, and the amount of damage is about 870 million won. Among the above damage amount, the damage recovery amount verifiable through the above material is KRW 1.4 billion, and considering the additional amount of damage recovery for the victim C, etc. claimed by the defendant, even if considering the above amount of damage recovery, the non-payment amount is more than 60 million won. However, even if the defendant recognized all of the crime of this case, it is remarkably divided into the defendant's wrong recognition of the crime of this case, the victim B I (amount equivalent to 47 million won) and the victim F (amount to 200 million won) and the defendant's health condition before and after the defendant's death, the defendant's remaining from the defendant's age of the defendant.

Therefore, the defendant's argument of unfair sentencing is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

【Reason of the judgment of multiple times】 The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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