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(영문) 울산지방법원 2020.10.29 2020노713

사기

Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. After a judgment of the court below was rendered, the Defendant paid the victim the money acquired through deception, thereby completely recovering the damage.

Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that the damage has been completely recovered);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The reasons for the reversal of sentencing, the reasons for the reversal of sentencing as well as the reasons for sentencing as stated by the court below, and all other conditions of sentencing as stated in the records, shall be determined in consideration of Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation Order (the scope of liability for compensation is not clear due to the repayment of the money acquired by the defendant by deceit).