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(영문) 대전지방법원 2014.09.25 2014노1700
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Although the crime of this case is deemed to have been committed by abusing the victims' trust in transactions on the Internet with the false statement that it would deliver the victims of money through the Internet, the crime of this case is not good for the victim to abuse the victim's trust in transactions on the Internet, and the amount of damage has not reached about 65,000 won, and the defendant has been subject to criminal punishment of 10,000 fines for the same kind of crime in 2013, it is recognized that all of the crimes of this case are recognized and wrong, and the father of the defendant has shared 2,78,00 won with 46 victims at the original trial, and the defendant's father has actively endeavored to recover the victims' damage, such as paying a total of 5,360,000 won to the victims (including four victims who have been repaid only a part of the damage amount at the original trial), the defendant's family members have never reached the age of 5,000 won before and after the defendant's age, and there is no reason for the court below's assertion that the defendant's real name and circumstances are unreasonable reasons.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

However, the prosecutor's appeal should be dismissed due to the lack of reason, but the judgment of the court below shall be reversed and remanded.

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