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(영문) 대전지방법원 2020.05.07 2020노252
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (nine months of imprisonment) is too unreasonable.

2. The offense is not good because the judgment defendant obtained a considerable amount of money by deceiving victims who have a fiduciary relationship.

However, in full view of the following facts: (a) the Defendant has no record of criminal punishment except for a fine imposed on one occasion due to the crime of this type; (b) the full amount of damage inflicted upon the victim B after the sentence of the lower judgment; (c) the amount of the damage inflicted upon the victim G; and (d) the remaining amount of damage inflicted upon the victim G by paying 20 million won out of the amount of damage inflicted upon the victim G; and (c) the victims have not been punished for the Defendant by agreement with the victims; and (d) other various sentencing conditions in the argument of this case

Therefore, the defendant's argument is justified.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (main sentence for each victim), the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Considering the favorable circumstances in the above part);

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