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(영문) 대전지방법원 2021.01.13 2020노3665
사기
Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. We examine the reasons for appeal, and considering the fact that the so-called Bosing Telecommunications Finance Fraud crime, as described in the reasons for the sentencing, is a crime committed in a very serious sense of social harm, and the nature of the crime is very poor in that it is a crime committed in a multilateral systematic and planned manner, and the victims' damage has not yet been recovered, it is inevitable to sentence the defendant as to the punishment.

However, when considering the Defendant’s age, sexual behavior, family environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, rather than being too unreasonable, in light of the following: (a) the Defendant appears to have been punished, except for a minor fine, and there is no history of punishment; (b) the benefits actually acquired through the instant crime appears to have been less than the scope of fraud damage; and (c) other all of the sentencing conditions indicated in the instant records and theories, such as the Defendant’s age, sexual behavior, family environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.

3. In conclusion, since the defendant's appeal is well-grounded, the part of the judgment of the court below except the compensation order is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal shall not be dismissed separately as long as the judgment below is accepted by the defendant's appeal and the judgment of the court below is reversed.

【Re-written judgment of the court below] The facts constituting a crime and summary of the evidence acknowledged by the court below and the summary of the evidence are different from the judgment below, with the exception of changing the “1. Part of the defendant’s court testimony” as “1. The defendant’s court testimony” as “1. The defendant’s court testimony” as “the defendant’s court testimony.”

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