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(영문) 대전지방법원 2014.02.06 2013노1017
사기
Text

The part concerning the first and second crimes except the rejection part of the compensation order among the judgment of the court of first instance and the judgment of the court of second instance.

Reasons

1. The summary of the grounds for appeal (as to the crimes Nos. 1 and 2 as indicated in the judgment of the court of first instance: Imprisonment with prison labor for one year and six months, and as to the crimes as indicated in the judgment of the court of second instance for three years: imprisonment with prison labor for one year and six months, and two months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case No. 2013No1017 of this Court, which is the appeal case against the judgment of the court of first instance, and the case No. 2013No2973 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. The crimes of No. 1 and No. 2 of the judgment of the court of first instance and the judgment of the court of second instance, are concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of aggravated concurrent crimes under Article 38(1) of the Criminal Act. In this regard, each of the above parts of the judgment of the court below

3. The judgment on the grounds of appeal (as to the crimes Nos. 3 through 6 in the judgment of the court of first instance) is based on the following facts: (a) Each of these crimes is a total of three victims by deceiving the amount equivalent to approximately KRW 240 million by the Defendant; (b) the quality of the crime is inferior; (c) the Defendant was a large amount of damage; (d) the Defendant was unable to recover almost the victims’ damage; (d) the Defendant had the same criminal records; (e) the Defendant had the same kind of criminal records; and (e) the Defendant’s age, character, character, environment, motive, means and consequence of the crime; and (e) the circumstances before and after the crime is committed; and (e) the sentencing of the court below is judged to be appropriate;

4. According to the conclusion of the judgment of the court of first instance, the part concerning the first and second crimes except the rejection portion of the compensation order, and the second and second judgment of the court below, on the grounds of ex officio reversal, without examining the defendant's assertion of unfair sentencing, all of the above parts are reversed under Article 364 (2) of the Criminal Procedure Act, and the following parts are again reversed,

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