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(영문) 의정부지방법원 2014.11.19 2014노2014

사기등

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

Imprisonment with prison labor for the crimes of Nos. 1, 2, and 3 of the judgment of the defendant.

Reasons

1. Summary of grounds of appeal, and purport of application for compensation;

A. The summary of the grounds for appeal is too unreasonable that the punishment of four months (the first, second, and third crimes) and the imprisonment of two months (the fourth crimes in the market) imposed by the court below is too unreasonable.

B. The Defendant paid KRW 15,00,000 to the applicant for compensation.

2. Determination

A. The part of the first, second, and third crimes in the judgment of the court below was examined, and the defendant committed the fraud by taking advantage of circumstances where the victim C was in a situation where it is difficult for the victim C to be bound by the birth. Since this crime constitutes a violation of the Attorney-at-Law Act, the nature of the crime of the first crime in the judgment is bad, and the defendant repeatedly forged and uses a large number of agreements to 13 pages, which are disadvantageous to the defendant.

However, there are favorable circumstances for the defendant, such as the confession of each of the crimes in this case and the statement that the defendant is against it, the written agreement that the defendant forged appears not to have been submitted to the court in charge of the criminal case against the dynamics in C, and the defendant was in a trial, and the above victim did not want the punishment of the defendant under the agreement with the victim C.

In full view of the above circumstances and the relationship between the crime of violation of the Road Traffic Act and the crime of violation of the latter part of Article 37 of the Criminal Act in which the judgment became final and conclusive, the court shall take into account the case of each of the above crimes at the same time with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act. In full view of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive and circumstance of the crime of this case, means and consequence, circumstances after the crime of this case, criminal records, family relations, etc., the punishment sentenced to the crimes of Articles 1, 2 and 3

B. The Defendant committed the instant crime during the period of probation, including the following: (a) the first part of the crime No. 4 in the judgment of the court below; (b) the Defendant had the same force once; (c) the Defendant was punished for the suspension of the execution of imprisonment for larceny and the crime of larceny; and