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(영문) 서울북부지방법원 2015.11.19 2015노1584

사기등

Text

The judgment below

Each part of the crimes in paragraphs (1) and (2) through (4) of the judgment shall be reversed.

The defendant is judged by the court below.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (six months of imprisonment with prison labor for each of the crimes in paragraphs (a), (b) and (5) of the judgment of the court below, and eight months of imprisonment with prison labor for each of the crimes in paragraphs (c) and (2) of the judgment of the court below) declared by the court below is too unreasonable.

2. Determination

A. As to the part concerning the crimes of Article 1-A, paragraphs (b) and (5) of the judgment of the court below, although the defendant was found to have committed a crime of this part of this part, there was no record of being punished or sentenced to more severe punishment than a fine for the same crime as above at the time when the defendant committed a crime of this part of this part, and the court below stated that the above victim would not want the punishment of the defendant by mutual consent with K from among the victims of each crime of this part. The crime of this part of this part is one of the concurrent crimes of Article 37 of the Criminal Act with the judgment of the court below which became final and conclusive and the latter part of Article 39 (1) of the Criminal Act, there was a circumstance that the punishment should be determined in consideration of the case and equality. However, the defendant did not receive a letter from the above victims by compensating the victims of each crime of this part of this part of this part, or by agreement with the above victims, since the total amount of money obtained through deception of each crime of this part of this part of this case reaches 660 million won, the defendant's age and circumstances before and circumstances of this part, and circumstances.

B. As to each of the crimes under paragraphs (c) and (2) through (4) of Article 1 of the judgment of the court below, the defendant is not well aware of during the period of the suspension of imprisonment due to fraud.