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(영문) 서울서부지방법원 2018.12.20 2018노880

사기

Text

The judgment of the court below is reversed.

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The sentence of the lower court (three years of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The judgment of the court below is somewhat unreasonable in light of the fact that the defendant had been punished several times as a crime of fraud of the same law, and that the repeated crime was committed again during the repeated crime period, and that the total amount of damage reaches KRW 240 million, etc. However, in light of the fact that the defendant appears to have led to the confession and reflect of each crime of this case, and that the defendant reached an agreement with the victim B and H in the trial, etc., the sentence of the court below is somewhat unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[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 as stated in the corresponding column of the judgment below, and thus, they are cited as they are in accordance with Article 369 of the Criminal Procedure Act. However, the last 3th place of the judgment of the court below is clearly recorded that “Defendant is a clerical error in the name of the Defendant around June 14, 2017” is clearly recorded, and thus, it is to be corrected ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure.

Application of Statutes

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime, Article 347 (1) of the Criminal Act (including each victim), and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Dismissal of Application for Compensation Order (where the scope of liability for compensation against the applicant for compensation by the defendant is not clear, as it appears that the defendant has partially repaid to the victim (where it is not clear that the extent of liability for compensation against the applicant for compensation by the defendant, 287, the evidence records of the case No. 4043));