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(영문) 수원지방법원 2016.06.24 2016노2145
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

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

2. Each crime of fraud has been committed against a majority of the victims who have judged, the sum of defraudation exceeds 400 million won, the poor quality of the crime by using the method specified in the document in the case of fraud against victimO, the victim F still has the criminal punishment of the defendant, the worker N's wages and retirement allowances has not been paid, the victims have neglected to recover the damage while staying in a foreign country for several years after the crime, and the victims have suffered considerable pain.

However, in the case of some frauds, the intention of defraudation does not reach a conclusive level, and it is reasonable that only four victims (victim I, N, a violation of the Labor Standards Act, a victim N, a violation of the Workers' Retirement Benefit Security Act, and a victim N, a victim of embezzlement) have agreed with the original victim, and the above victims have not been punished, and that deposit money of KRW 21,00,00,000 in an amount exceeding 20,606,150 won by fraud for the victimF in the case of frauds, and that it seems that the property damage due to each of the crimes of this case has been recovered considerably, and that there is no previous conviction, it is favorable that there is no previous conviction.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions shown in the previous theories, the sentence of the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below. Thus, it is in accordance with Article 369 of the Criminal Procedure Act.

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