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(영문) 서울동부지방법원 2015.08.19 2015노608

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the defendant committed another crime without being aware of the fact that he/she was sentenced to six times a sentence due to fraud, or that he/she committed another crime even though two months have passed since he/she was sentenced to six times a sentence due to fraud under the same veterinary law.

However, in full view of the following circumstances: (a) the Defendant’s mistake is against each other; (b) the extent of damage is small; and (c) the Defendant agreed smoothly with the victim; (d) the Defendant was sentenced to imprisonment on June 11, 2015 at the Seoul Central District Court for fraud of the same kind of law and currently pending in the appellate trial on June 11, 2015; and (e) the Defendant’s age, occupation, and environment, the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again ruled

[Discied Judgment] The summary of facts constituting an offense and evidence presented by the court is the same as that stated in each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws concerning facts constituting an offense and Article 347 (1) of the Criminal Act chosen to punish a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;