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(영문) 대구지방법원 2017.04.26 2017노938
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of fraud of this case is deemed to have committed the crime of fraud of this case by deceiving an unspecified number of victims through the ice transaction of Internet goods. The crime of fraud of this case is unfavorable to the defendant, and the crime of fraud of this case is bad, and the defendant is not guilty, by deceiving the amount exceeding 60,000 won in total 74 times from the victim E, on the part of the defendant, on the part of 74 times since it was committed, and the defendant did not compensate for the damage, but did not receive the above victim, and the defendant committed the crime of this case without being aware of the fact that he was sentenced to a summary order of a fine due to the same crime.

However, considering the favorable circumstances, such as the fact that the defendant acknowledged each of the crimes of this case, there is no history of criminal punishment exceeding the fine of the defendant, and that the defendant does not want the punishment of the defendant by mutual consent with the victim of the crime of injury of this case when the defendant was in mind, the punishment imposed by the court below is too unreasonable, taking into account the following factors: the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the Criminal Act for the choice of punishment (a comprehensive provision of fraud and victim’s choice of imprisonment), and Article 257 of the Criminal Act.

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