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(영문) 서울서부지방법원 2018.01.25 2017노1403

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. It is recognized that the total amount of the defraudation of this case does not amount to KRW 175 million but the damage recovery is not complete, and that the total amount of the unpaid wage reaches KRW 4.2 million, etc.

However, in full view of the following factors: (a) the Defendant led to the confession of all of the instant crimes and reflects his mistake; (b) there is no record of criminal punishment beyond the fine; (c) the victims of the instant crimes and the victims of the instant crimes who want to take the Defendant’s wife by mutual consent at the lower court and the trial court; and (d) other factors of sentencing specified in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crimes; and (e) the circumstances after the instant crimes, the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s argument of

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 109(1) and 36 of the Standard Labor Act, and the choice of imprisonment with labor, respectively;

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 suspension of execution (the above-mentioned circumstances shall be considered);