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(영문) 서울중앙지방법원 2015.10.20 2015노3097

사기

Text

The judgment below

The part concerning the accused case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence of the lower court to the accused (two years of imprisonment) against the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant committed the instant crime with excessive amounts of money by deceiving the victims after concluding a relationship with the victims who are female victims by emphasizing his own financial power, and the Defendant committed the instant crime during the period of repeated crime due to the fraud under the same Act, it is necessary to strictly punish the Defendant in light of the following: (a) the Defendant committed the instant crime during the period of repeated crime due to the fraud under the same Act.

However, in full view of all the sentencing conditions shown in the arguments of this case, including the Defendant’s age, character and conduct, family environment, the background and result of the instant crime, and the circumstances after the commission of the crime, it seems that the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Article 35 of the Criminal Act among repeated crimes;

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