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(영문) 대전지방법원 2015.11.12 2015노3158
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Nos. 1 and 2 of seized evidence shall be charged to the defendant.

Reasons

1. Summary of grounds for appeal;

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

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

2. It is reasonable to take into account the following circumstances: (a) the defendant is in depth and reflecting his mistake; (b) agree with the victims; or (c) deposited an amount equivalent to the amount acquired by deceit for the victims.

However, the crime of this case is committed repeatedly against the elderly victims who are making it difficult for the defendant to live on the street. The crime of this case is committed repeatedly against the elderly victims in light of the method and frequency of the crime, etc. The crime is extremely poor in light of the quality of the crime, the victim's economic and mental suffering even though the defrauded was relatively small, and the defendant cannot be deemed to suffer from the economic and mental suffering. The defendant committed the crime of this case on the equal basis of several methods, and immediately after the completion of the convict life, the defendant seems to have very weak intent to comply with the crime of this case. The punishment of this case according to the sentencing guidelines established by the Supreme Court sentencing guidelines established by the Sentencing Commission, the range of recommendations for the crime of this case, the fraud crime group, the general fraud type 1 (less than KRW 100 million), the special scambling person (where punishment is not imposed or damage was recovered from a considerable part of the punishment source or considerable part of the punishment method, the area of recommendation (special punishment), the sentencing area of this case is determined (where the victim or majority victim was committed).

3. The lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

The Criminal Procedure Act.

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