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(영문) 서울북부지방법원 2014.06.20 2014노422

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s assertion that the sentence imposed by the lower court is too uneasible and unreasonable.

2. Although the judgment of the defendant has a favorable condition for the defendant, such as the confession and reflecting of the crime of this case, the crime of this case was committed in favor of the defendant. However, it was committed 48 times in consideration of the fact that the victim who had become aware of the crime of this case was obtained from the defendant by acquiring the money equivalent to 113,837,512 won in total through 113,837,512 won in terms of investment funds and expenses, etc., and used it as one's business funds or living expenses, etc., and the nature of the crime is not easy in light of the type of the act, amount of fraud, etc., such as the defendant's communication with the victims on January 2013 after the crime of this case was committed, until he was arrested on or around January 2014, the victims got away from his death for a period of one year until he was arrested, the victims obtained a considerable economic compromise by obtaining not only the marriage funds collected by the defrauded of this case, the victims or the defendant's age of the crime of this case's punishment and the following circumstances.

Therefore, the prosecutor's argument is justified, and the defendant's argument is without merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court.