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(영문) 제주지방법원 2014.08.21 2014노328

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. On the argument of unfair sentencing by the defendant and prosecutor, we examine together with the argument of unfair sentencing by the defendant and prosecutor. The crime of this case is committed by deceiving the victim who did not live together with the victim or have no intention to marry with the victim, and it is not good to commit the crime in light of the Criminal Procedure Act, the frequency of the crime, and the amount of fraud by deceiving the victim, etc., which is about KRW 65 million. It is recognized that the amount of fraud by the crime of this case is a large amount of KRW 65 million and the damage was not recovered until the trial at the trial at the trial, even though it is recognized that the defendant recognized the crime of this case, the defendant reflects his mistake in depth; the defendant does not want the punishment of the defendant; the defendant is the primary offender; the defendant is the primary offender; the defendant's age, character and behavior, the motive and circumstances leading to the crime of this case; and the circumstances before and after the crime, etc., the court below's punishment is somewhat inappropriate.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

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 Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;