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(영문) 서울동부지방법원 2016.08.11 2016노639
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. Determination: (a) the number of the instant fraud crimes reaches 121 times; (b) the total amount of damage is not specified; (c) the Defendant continued to commit the instant fraud even after the first indictment; and (d) the Defendant did not agree with the victim or failed to repay the amount of damage therefrom.

However, the court below agreed with 22 victims, the payment of damages to seven victims, and the defendant has no record of being punished other than one time prior to a fine (the criminal defendant's punishment of a fine of KRW 2 million for fraud seems to be due to the fraud committed in the middle of the crime of this case).

In light of the fact that the defendant's age is not much higher than the defendant's age and that the defendant repents the defendant's environment, etc., the sentence of the court below that sentenced the defendant's punishment is unfair as it is unfair.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and following the pleading is ruled as follows.

Criminal facts

The summary of the facts charged and evidence recognized by this court is as follows: “8,521,00 won” of the second 10th 10 of the facts charged in the judgment of the court below; “302,00 won” of the 16th 4th 16th 19th “AO” of the victim “AO”; “285,000 won” of the net 27 injury amount “28,526,000 won”; “8,521,000 won” of the total sum “8,521,000 won” of the crime list “8,52,000,000” of “O” of the 16th 16th 4th 15th 10,000,00 “O” of “O” of “15th 0,000,000” of “O”, “30,000,000

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