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(영문) 인천지방법원 2014.06.13 2014노1224

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. The judgment of the court below is unfair in light of the following circumstances: (a) the defendant committed repeatedly against three victims; (b) the amount of damage caused by each of the crimes of this case was significant; (c) the defendant committed the crime of this case without being aware of the fact that he had committed a repeated crime due to the same crime; and (d) the defendant escaped after being investigated by the prosecutor's office related to the crime of this case; and (c) the defendant additionally committed each of the crimes of this case of this case of this case of this case of this case of this case of this case of this case of this case of this escape; (d) the defendant recognized the crime of this case of this case of this case of this case of this flight; (e) the victim E and N of the crime of this case of this case of this case of this case of this case of this case of this case of this case of this case of which the victim E and the victim of this case of this case of this case of this case of this case of this case of this case of this case of the first instance, and (e) the remaining victim M.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding part of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes (as to fraud, 2013 highest 7736 at the time of sale)

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