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(영문) 광주지방법원 2016.04.19 2015노3452

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

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

2. The court below's reasoning for sentencing is that the defendant's fraud of money totaling KRW 16,8810,000 through several times by taking advantage of the victim's friendship is a bad thing.

However, the defendant is divided into the crimes, and in the trial of the party, the victim B shall pay 70 million won to the victim E, and in the case of the victim E, the victim E shall pay 13 billion won, and there is no record that the defendant has been punished for the same crime.

In addition, comprehensively taking account of the records of this case, such as the defendant's age, sexual conduct, and circumstances after the crime, and all the sentencing conditions shown in the theory of changes, the sentence of the court below is deemed to be unfair because it is too unreasonable in light of the defendant's criminal records and efforts to recover damage.

Therefore, the defendant's improper argument in sentencing is acceptable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions and Article 347(1) of the Criminal Act of the applicable statutory provisions for criminal facts [the fraud listed in [Attachment Table (1) 1 to 9] as indicated in the judgment below, the fraud listed in [Attachment Table (2) 1 to 2] net time of crime sight table (2) as indicated in the judgment below, and the fraud listed in [Attachment Table (2) 3 to 11] of the Criminal Code as stated in the judgment below, shall be covered by each of the following:

1. Subsequent to Article 37 of the Aggravated Punishment of Concurrent Crimes Act: Provided, That Articles 38(1)2 and 50 [the aggravated punishment for concurrent crimes prescribed in the attached Table No. 3 to 11 of the Aggravated Punishment of Concurrent Crimes as stated in the Judgment of the court below, which is the most severe punishment];

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the accused);