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(영문) 인천지방법원 2014.05.09 2014노345

사기

Text

The judgment of the court below is reversed.

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

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

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. In the crime of this case, the Defendant acquired money amounting to KRW 7 million from 10 victims in the name of game item sales proceeds, etc., and in light of the method and frequency of the crime, etc., the crime is inferior and the victim did not take measures to recover damage, etc., which are disadvantageous to the Defendant.

However, in light of all of the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable, as it is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

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 (Consideration favorable to living in the front);

1. Social service order under Article 62-2 of the Criminal Act;