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(영문) 대전지방법원 2015.02.12 2014노2893
사기
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The crime of this case is committed by deceiving 35 victims by deceiving them as if the Defendant would pay transportation fees, and the liability for the crime is not less than 180 million won, and even up to now, the Defendant did not agree with some victims or did not pay damages, and the amount also exceeds 43 million won, etc., which are disadvantageous to the Defendant.

However, it is reasonable to take into account the following circumstances: (a) the defendant living in custody for a considerable period of time, was living in custody, and his mistake is divided and reflected in depth; (b) the 16 victims have been agreed to or repaid the amount of damage at the court below; (c) the 10 victims (two of them are victims who have been discharged by the court below) have been making continuous efforts to recover from damage, such as additional agreement, and (d) the defendant's business depression is likely to result in the crime of this case; and (e) the defendant had endeavored to reduce the damage of the victims even before the crime was committed; and (e) the defendant has no criminal power for the same

In this context, the scope of recommended sentence according to the sentencing guidelines of the Sentencing Committee of the Supreme Court is from June 20 to June 20, taking into account the fraud crime group, general fraud, type 2, special mitigation (the case of partial recovery from damage), mitigation area, the range of recommended sentence considering the first step increase in the type as a result of combination of the same competition (the case of recovery from damage to the part above). The main positive factors (the case of recovery from damage to the part above), the suspension of execution are possible, the suspension of execution is possible. In addition, considering all kinds of sentencing conditions such as defendant's age, character and behavior, environment, motive, means and consequence of the crime and the conditions before and after the crime, it is recognized that the sentence of the court below is too unfair.

3. The Defendant’s appeal is reasonable, and thus, the Criminal Procedure Act.

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