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(영문) 서울중앙지방법원 2020.11.24 2020노2713

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In order to raise the cost of a project that the accused makes a false statement to the victim and defrauds money to the victim, the crime is not good in light of the method of the crime.

However, in light of the defendant's age, character and behavior, environment, circumstances after the crime of this case and circumstances after the crime of this case, including favorable circumstances such as the fact that the defendant has committed the crime of this case, and that the total amount of the money obtained by deception was deposited for the victim, the court below's punishment is too unreasonable.

3. As 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 decided as follows.

【The reasons for the judgment of the court below which has been written] The facts constituting the crime and the summary of the evidence recognized by the court below and the summary of the evidence are as stated in each corresponding column of the judgment below except for adding “the defendant’s oral statement” to the summary of the evidence of the court below. Thus, they are cited as it is in accordance with Article 3

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Prior to the reasons for sentencing under Article 62(1) of the Criminal Act, the overall circumstances as seen in the grounds for reversal were considered.