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(영문) 대전지방법원 2014.05.22 2014노560
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two years of imprisonment) is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects the mistake in depth; (b) the Defendant agreed with the Victim C in full with the victim C; and (c) deposited KRW 23 million for the Victim K.

However, the crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant intentionally induces many victims using personal trust relationship, and the nature of the crime is not good. The damage amount caused by the crime of this case was considerably higher than 186 million won in total, but has not been repaid up to now. The defendant has been punished several times for the same kind of crime under similar law, and a part of the crime was committed within the period of repeated crime due to the same crime is committed.

This is from 2 years and 6 months to 1 July 7: The scope of recommendation and sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission: The crime of fraud group, types 2 (at least KRW 100 million, less than KRW 500,000), special scams, decision-making on the recommended area (second to 6 years), the scope of recommendation sentence (second to 2 years), 2: types of fraud group, special scams (less than KRW 100,00), decision-making on the recommended area (second to 10,00), the scope of recommendation (second to 10,000), and 3: The sentencing range of fraud group, general fraud group, 1 (less than KRW 10,000,00), decision-making on the recommended area, recommendation range (short to 10,000), 1 to 10 years, 2 years and 7 years, and the final sentencing range of the instant crimes, including the following circumstances.

Defendant

The argument is without merit.

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