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(영문) 서울중앙지방법원 2015.08.13 2015노2272

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

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

2. The Defendant’s crime of this case was committed by deceiving the victim who wishes to be appointed as a professor with money in the name of donation, and even if the content of the crime is not only false but also false, it would impair fair competition, such as the nature of the crime is not good, the amount of defraudation is large, and most damages excluding part of the amount until now have not been recovered, and there are unavoidable circumstances that require strict punishment.

However, the defendant appears to have an attitude to make a confession of all crimes in the trial and to reflect in depth the mistake. The crime of this case is in the relation of fraud for which the judgment has already become final and the concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus the case of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act should be considered. In full view of the fact that part of the amount of fraud has been discharged to the victim, and other factors of sentencing as indicated in the records and pleadings of this case, including the defendant's age, family relation, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances

Defendant’s assertion is with merit.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the corresponding column of the judgment of the court below, except in the case where "the defendant's partial statement" in the summary of the evidence is changed to "the defendant's court statement". Thus, it is cited in accordance with Article 369 of the

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act to treat concurrent crimes.