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(영문) 인천지방법원 2020.02.07 2019노2168
사기
Text

The part of the first and second original judgments of the defendant shall be reversed, respectively.

The defendant is the first-class judgment of the first instance court.

Reasons

1. The summary of the grounds for appeal (in the first instance court: 3 months of imprisonment, 9 months of imprisonment, 1 year and 2 months of imprisonment and 1 year and 1 year and 2 years of imprisonment) of the lower court is too unreasonable;

2. Of the judgment of the first instance court, the Defendant acquired money from an unspecified number of victims through a heavy transaction for a considerable period of time to determine the crimes No. 1, No. 2 and No. 3 of the attached Table 1 of the judgment, and each of the crimes in the attached Table 1 of the judgment, and No. 2 and No. 3 of the attached Table 1 of the judgment, among the crimes in the attached Table 1 of the judgment of the first instance. In light of the methods, circumstances, and the scale of damage, etc., the crime is very poor

Damage has not been fully recovered.

The defendant has already been subject to criminal punishment several times due to criminal fraud of the same law.

However, the Defendant recognized each of the crimes of this case, and is against the law.

In the court below and the trial court, some victims have been agreed with, and some damages have been recovered.

The equity should be taken into consideration in the case of judgment at the same time as each crime of fraud in the judgment of the first instance.

In full view of the above circumstances, Defendant’s character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime, and criminal records, etc., the lower court’s punishment is somewhat heavy.

3. In examining ex officio the judgment on each of the crimes of Article 8 and the judgment on the second judgment of the court of first instance, the defendant filed an appeal against the judgment of the court of first instance, and the court of first instance decided to concurrently examine the above appeal cases.

Each crime of Article 8 and each crime of Article 2 of the judgment of the court of first instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act. Thus, one of the crimes of Article 38 (1) of the Criminal Act shall be sentenced within the scope of the term of punishment where a concurrent crime is severe under Article 38 (1) of the Criminal Act. In this regard, each of the crimes of Article 8 of the judgment of the court of first instance

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