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(영문) 인천지방법원 2013.05.02 2013노920

사기

Text

The judgment below

Of them, the part concerning D except the compensation order shall be reversed.

A defendant shall be punished by imprisonment for six months.

(b).

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to be unfair in light of the following factors: (a) the Defendant posted a false notice that he sells goods over 20 times; (b) obtained money from the Internet users; and (c) the nature of the crime cannot be deemed to be less than that of the crime; (c) the Defendant is in profoundly against the Defendant; (d) the mother of the Defendant has committed an active guidance to the Defendant when he pays most of the damages to the Defendant at the trial; and (e) the Defendant’s age, character and conduct, family environment, circumstances leading to the instant crime, and consequences leading up to the instant crime; and (e) other various sentencing conditions specified in the records and arguments, such as the circumstances before and after the instant crime.

3. If so, the defendant's appeal is reasonable. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the order for compensation as to D 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 recognized by the court are as shown in each corresponding column of the judgment of the court 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 concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated aggravation of concurrent crimes with regard to U.S. who is the most serious criminal)

1. Article 62 (1) of the Criminal Act on the suspension of execution (including favorable circumstances examined in the preceding);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 33 (4) and Article 32 (1) 2 and (2) of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation Order (the application for compensation is groundless, since the defendant remitted the money 470,000 won to E who is the applicant for compensation on March 11, 2013);