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(영문) 대전지방법원 2013.07.04 2013노646
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the volume of each of the instant fraud crimes is planned and habitually; (b) some of the instant crimes is mainly designed, organized, and professionally low for ordinary people; (c) by opening and transferring the so-called one-called one-called one-called one-called one-off one-way which is essential for the receipt and withdrawal of the defrauded money in the so-called one-called one-called one-called one-called one-called one-called one-called one-called one-way one-way one-way one-way one-way one-way one-way one-way one-way one

On the other hand, the defendant led to the confession and reflect of each of the crimes of this case among the victims of each of the crimes of this case, and agreed with E, H, K, M, P, S, X, AG, BB, C, and D. In full view of the fact that the remaining victims AH, AI, AJ, and Y deposited each amount of damage for the victim AH, AI, AJ, environment, and circumstances after the crime of this case, the sentence of the court below seems to be somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is with merit.

Criminal facts

The summary of the facts charged against the defendant and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court 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, Article 329 of the Criminal Act, Articles 230 and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime

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