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(영문) 인천지방법원 2017.05.25 2017노898

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (three years of imprisonment) is too unreasonable.

2. The defendant's liability is not less than 40,00 won because four victims suffered a total of 440,000 won fraud, and a total of 40,000 won was committed, such as fabrication of private documents, and an offender also committed a crime.

However, the defendant is deemed to have led to the confession and reflect of the crime, and the victim H (50 million won) and the victim U (40 million won) and the victim P (150 million won) and the victim P (150 million won) were not punished by the defendant for the first time in the trial.

There are no criminal records of the same kind and only minor criminal records of a fine.

In addition, taking into account various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, it is unreasonable to impose the sentence of the court below as it is.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as per Disposition for the following reasons.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 347(1) and (2) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 151(1), 31(1) of the Criminal Act, Articles 31(1) of the Criminal Act, each of the choice of punishment for the crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. C who applied for compensation at the lower court’s determination as to the application for compensation under the proviso of Article 186(1) of the Criminal Procedure Act, shall be the amount obtained by defraudation KRW 200,000,000 and the amount thereof.