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(영문) 대전지방법원 2016.10.27 2016노1376
사기
Text

The judgment of the court below (excluding the part concerning an application for compensation) shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant acquired money from many victims during a considerable period of time. In light of the method of crime and the amount of damage, etc., the defendant has no choice to severely punish the defendant, and the defendant appears to have agreed with a considerable number of victims, but most of the damages are not actually repaid.

However, in light of the following circumstances: (a) the Defendant was under the time to commit the instant crime; (b) there was no record of criminal punishment exceeding the fine imposed on the Defendant; (c) there was an agreement with a considerable number of victims in the lower court; and (d) there was no further agreement with the bereaved family members and the S and the victims except for minority victims; and (c) there was a favorable circumstance for the Defendant; and (d) other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the crime of fraud against D with the largest number of concurrent crimes);

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