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서울북부지방법원 2017.01.12 2016노2207

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The judgment of the reasons for appeal is 55 million won or less, and the defendant share an essential action to acquire the loan by fraud, and there is a disadvantage to the defendant, such as the defendant share an essential action to acquire the loan by fraud.

However, in full view of all the sentencing circumstances in the records and arguments, including the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment imposed by the court below is too excessive and unfair, and thus, the defendant's allegation of the above unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered as favorable circumstances in determining the reasons for appeal);