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(영문) 대구지방법원 2015.01.22 2014노2319
사기
Text

The judgment below

Among them, the remainder of the compensation order for C, D, and E, shall be reversed.

Reasons

1. The summary of the grounds for appeal (the crime of subparagraphs 1 and 4 of the original judgment and the crime of subparagraphs 5-A, 5-B and 5-1-3 of the judgment in the original judgment): Imprisonment with prison labor for four years, the crime of subparagraphs 2 and 3 of the judgment in the original judgment and the crime of Article 5-C and 5-4 of the judgment in the original judgment: Imprisonment with prison labor for six years) is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes in the indictment with the content of changing the facts charged in the following facts charged against the victim F (hereinafter “2014 order 1320”) among the facts charged, and the subject of the judgment was changed by this court’s permission.

Therefore, all of the above parts of the judgment of the court below which found the defendant guilty of all the crimes of Articles 1, 5-A, 5-2, 5-1, and 3 of the judgment of the court below which correspond to the substantive concurrent crimes of Article 37 of the Criminal Act, and the part of the crimes of Articles 5-1, 4 of the judgment of the court below which sentenced the defendant to a single punishment is no longer maintained.

3. On July 12, 2013, even though the defendant was sentenced to a 4-year imprisonment with prison labor on July 12, 2013 for the crime of Articles 2 and 3 as stated in the judgment and Article 5-C-2 and 5-4 as stated in the judgment, he/she committed the crime of this case after escaping from the court and avoiding the statutory detention.

Three victims are repeatedly deceiving for a considerable period of time to acquire more than 1.1 billion won in total, resulting in serious damage to the victims, and the nature and the result of the crime is very heavy.

Although the victims were suffering from severe economic pain due to the instant crime, they did not agree with the victims until the time of the trial, and they did not make any effort to recover from damage, so severe punishment is inevitable.

However, the defendant has recognized all crimes from investigative agencies and is in profound conflict with each other.

Defendant.

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