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(영문) 대구지방법원 2016.05.27 2016노736
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a not-guilty verdict on the part exceeding 2.2 million won among the frauds against the victim AU, and convicted the remainder of the facts charged.

However, inasmuch as only the Defendant appealed the part of the judgment of the court below as to the conviction, and the part of the acquittal as to the reasoning is not appealed by both the prosecutor and the Defendant, the part of the judgment of the court below as to the acquittal as to the verdict of the court below is also remanded to the court of first instance pursuant to the indivisible principle of appeal, but as the Defendant was exempted from the object of the attack and defense between the parties, and was de facto relieved from the object of the trial, the judgment of the court below cannot be determined up to that part (see Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010, etc.). Accordingly, the conclusion of the judgment of the court below as to the part of the acquittal as to the grounds is to be followed, and it

2. The sentence of one and half years of imprisonment with prison labor declared by the court below is too unreasonable.

3. Under our criminal litigation law, which takes the trial-oriented principle and the direct principle, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized the facts charged in the instant case and reflects his mistake, and the Defendant agreed with some victims, which was partially recovered out of the amount of damage as the insurance money guaranteed by the Korea Tourist Association Travel Association of Korea to which the Defendant was a party, and the Defendant was unaware of a large amount of money exceeding KRW 150,000,000 in total as travel expenses, although it is recognized that there was no same or previous criminal record, the instant crime was committed by the Defendant.

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