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(영문) 수원지방법원 2019.04.26 2019노4

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The offense of deceiving a financial institution by forging a document, etc., along with other accomplices, is not good, and the fact that the amount of damage is not significant is disadvantageous to the defendant.

On the other hand, the following conditions are favorable.

The defendant made a confession to commit a crime against his wrongness.

The defendant is the first offender.

The defendant deposited part of the amount of damage in the trial of the party, and partially repaid the amount of damage by the accomplice B.

In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, equity with other accomplices whose role and judgment have become final and conclusive in the instant crime, Defendant’s age, character and conduct, environment, etc., as a whole, various sentencing conditions and the scope of recommendations according to the sentencing guidelines, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

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

【Reasons for the Judgment of the Supreme Court, 【A’ as stated in each corresponding column, except where the facts constituting a crime and the summary of the evidence acknowledged by the court in this case and the summary of the evidence are deemed as “B” as stated in each corresponding column. As such, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;