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(영문) 대구지방법원 2016.11.11 2016노3658
사기
Text

The judgment below

Decision 4-2

A. Article 3 of the judgment of the court below of the crime

A. The term “crimes” is set forth in Section 4-A.

Reasons

1. Ground for appeal Nos. 4-2 of the judgment of the court below which the court below rendered

(a)for six months of imprisonment with prison labor and for the remaining crimes, three years and six months of imprisonment with prison labor is too unreasonable;

2. Determination

A. Article 4-4 of the decision of the court below

A. Although there are favorable circumstances, such as the fact that the defendant made a confession of this part of the crime and the fact that this part of the crime is against the defendant's judgment on the argument on the crime, this part of the crime is to be judged at the same time in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act between the crime of fraud for which judgment has become final and conclusive, the crime of this case is to be taken into account at the same time in the case of the judgment. However, as if the defendant owns the asset of several hundred billion won in a planned manner, the crime of this case is to acquire money from the victim as if the defendant makes a false statement, and the nature of the crime is not very good, the amount of the crime is not more than KRW 100 million, and the damage is still not recovered even after considerable time has passed from the crime, and all of the sentencing conditions as shown in the records and arguments of this case, such as

A. The defendant's allegation in this part is without merit, since the sentence imposed on the crime cannot be deemed unfair.

B. In addition to the unfavorable circumstances as seen earlier prior to the determination of the assertion on the remaining crimes, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Daegu District Court on August 12, 2009 on March 3, 2010, and was sentenced to imprisonment with prison labor for one year and six months on March 3, 2010, and was released from prison without being aware of the fact that the execution of the sentence was completed during the repeated crime period, and the crime was committed under the same water method only for three months, and the amount acquired by the Defendant is a total of KRW 3.60 million and a large amount of damage is not recovered, on the other hand, the Defendant is against the victimJ.

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