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(영문) 창원지방법원 2015.02.12 2014노2977

사기

Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

(b).

Reasons

1. The gist of the grounds for appeal asserts that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Each of the instant crimes is an unfavorable circumstance to the Defendant, where the Defendant, by deceiving the victims, received property or pecuniary benefits, and the total amount of damage exceeds KRW 120 million.

However, in light of the following circumstances: (a) the defendant recognized the crime of fraud against the victim F in the trial at the court of the trial; (b) the defendant paid 2 million won to the victim C at the court of the trial; (c) the defendant agreed with the victim F at the court of the trial; (d) the defendant has no record of punishment in addition to the one-time fine due to the violation of the Road Act; and (e) the fact that the defendant has a family member to support the defendant; (c) the defendant was detained for about 2 months in favor of the defendant in this case; (d) the defendant was detained for about the defendant's age, character and behavior, environment, motive and background of the crime; (e) means and method of the crime; and (e)

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[C] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment of the court below in addition to changing "1. The defendant's partial statement" from the summary of the evidence to "1. The defendant's oral statement"

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

3. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);