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(영문) 서울중앙지방법원 2013.08.28 2013노2182

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too unreasonable.

2. In the instant case, as if the Defendant was the chairman of the Redevelopment Promotion Committee and could have ordered the removal of water supply facilities, the case is the case where the Defendant acquired 30 million won from the victim by deceiving him/her as if he/she could have ordered the removal of water supply facilities. In the first instance court, the Defendant recognized his/her mistake and agreed to do so smoothly with the victim, the Defendant did not have any criminal record of the same kind or suspended execution, and other conditions of sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, circumstances after the crime, and sentencing guidelines, are somewhat unreasonable

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[C] The criminal facts and the summary of evidence against the defendant recognized by this court are identical to the description of each corresponding column of the judgment of the court below in addition to adding the "court statement of the defendant at the trial" to the summary of evidence. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The reasons for sentencing are as described in paragraph (2) prior to the reasons for sentencing.