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(영문) 수원지방법원 2014.12.15 2014노6254

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is based on the defendant's age, character, environment, motive, means and result of the crime, and all of the sentencing conditions and the records of the case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstance after the crime, etc., as well as the fact that the defendant agreed with the victim E and H in the trial, agreed with all victims, and the victim I had already been returned to the defendant by the defendant, and the victim I wanted to take the defendant's wife as well as the victim's 127.5 million won or more, and the victim was fully recovered from the victim's damage by fully repaying the remaining amount of damage in the trial.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column 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 provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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 on the suspension of execution;