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(영문) 전주지방법원 2016.01.29 2015노1180
사기
Text

Of the judgment of the court below, the part of the judgment below excluding the compensation order for the first instance judgment shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (No. 1: imprisonment with prison labor for 1 year and 2 years: imprisonment with prison labor for 3 years and 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below, and this court decided to hold the two appeals jointly. Since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, the part of the judgment of the court below except the order for compensation order of the first judgment among the judgment of the court below cannot be maintained.

3. In conclusion, the part of the judgment of the court below excluding the order for compensation for the first instance judgment among the judgment below excluding the order for compensation for damages, is reversed ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, the part of the judgment below excluding the order for compensation for the first instance judgment among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes is that the defendant will pay credit card bills in lieu of the credit card bills, and will raise the points performance or receive loans from the lending company later.

In light of the method, frequency, contents, and the amount of fraud, etc. of the 34 victims' deception and acquire financial benefits equivalent to KRW 830,000,000 from 34 victims, the crime is inferior and heavy, and the damage has yet to be recovered.

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