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(영문) 울산지방법원 2020.05.21 2019노504

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. After a decision of the lower court was rendered, the Defendant additionally repaid part of the loans jointly and severally guaranteed by the victim H, and the victim H was not punished against the Defendant.

Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court and summary of evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (to be comprehensively applied to each victim, with respect to the choice of imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for the reversal of sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant, such as the agreement with all of the two victims) and all of the conditions of sentencing recorded in the records, shall be determined as the sentence as shown in the Disposition.