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(영문) 서울서부지방법원 2015.02.05 2014노1643

사기등

Text

The judgment below

Part concerning the first and fourth crimes in the judgment shall be reversed.

A person shall be punished by imprisonment with prison labor for the first and fourth crimes against the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (4 months of imprisonment with prison labor for the crimes No. 1 and No. 4) is too unreasonable.

2. Determination

A. The sentence of the court below is too unreasonable if the defendant in the part of the first and fourth crime in the judgment of the court below reached an agreement with the victim U and the victim F during the trial of the court below, and considering all the sentencing conditions in the records and arguments, the sentence of the court below is too unreasonable.

B. The sentence of the lower court in the part concerning the crime Nos. 2 and 3 of the judgment was pronounced in consideration of the circumstances, such as the amount of damage caused by each of the instant crimes and the agreement with the victim Q. It is reasonable to take into account the following factors: (a) there is no particular change in circumstances in the trial; and (b) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (c) the relationship with the victims.

3. As such, since the part concerning the crime Nos. 1 and 4 in the judgment of the court below among the defendant's appeal is well-grounded, it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows. Since the part concerning the crime Nos. 2 and 3 in the judgment of the court below is not reasonable, it is dismissed pursuant to

On June 8, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Tax Evaders Act by the Seoul Western District Court on June 16, 201, and the above judgment was finalized on June 16, 2011. On March 27, 2013, the Seoul Western District Court sentenced two years of a suspended sentence of eight months for a crime of fraud at the Seoul Western District Court. The above judgment was finalized on April 4, 2013.

1. Around July 2, 2008, the Defendant: (a) around July 2, 2008, at the (ju)G office operated by the Victim F, the second floor of the building, Geumcheon-gu, Seoul, for the Defendant to supply 42 persons to the (42) sttel 110 persons of the (15 to the (110) sttel studio-gu, Geumcheon-gu, Seoul; (b) supplied 110 parts of the (15-20) TV.