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(영문) 의정부지방법원 2016.12.09 2016노2620

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (4 months of imprisonment) is too unreasonable.

2. We examine the judgment on the grounds of appeal. Each of the crimes of this case committed by the Defendant is not less than the nature of the crime in light of the content and method of the crime, and the total amount of damage to each of the crimes of this case is relatively large amount of up to 22.5 million won, and there was a history of having been punished several times due to the same kind of crime, and the fact that each of the crimes of this case was committed during the period of repeated crime and suspended execution due to the same crime is considered to be disadvantageous to the Defendant.

On the other hand, however, the defendant recognized the facts of the crime of this case as all of the facts of this case and reflects his mistake in depth, paid in full the amount of damages to the victims, agreed smoothly with the victims, and was detained for about one month as a separate case. The seriousness of the punishment for each of the crimes of this case seems to have been sufficiently impaired, and again, it seems that the defendant would not be punished for the same kind of crime again. It is reasonable to maintain the defendant's age, character, character, intelligence and environment, motive and circumstance of the crime of this case, means and result of the crime of this case, circumstances after the crime of this case, criminal records, family relations, economic circumstances, etc., which are the conditions of the sentencing of this case, since the defendant's punishment imposed by the court below is somewhat unreasonable, considering the defendant's argument is reasonable.

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.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the original judgment.