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(영문) 인천지방법원 2014.05.02 2013노3976

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment is too heavy or too unhued, and it is unfair to conduct an examination.

2. In light of the fact that the instant crime was committed against a large number of foreign workers who have difficulty in economic circumstances for a long time, and the nature of the relevant crime is bad, and the total amount of damage exceeds KRW 90 million, it is recognized that there is a need to strictly punish the Defendant, and that the sentence of the Defendant’s penalty is inevitable.

On the other hand, however, the court below agreed with some victims that the defendant had no specific criminal power in addition to being sentenced to a fine twice, and that there was no specific criminal power in the court below.

In full view of the various sentencing conditions shown in the records and arguments, such as the victim AC, AC Dongs, AD, and the age and behavior environment of the defendant and the circumstances before and after the crime, it is determined that the sentence imposed by the court below is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

(2) The Criminal Procedure Act provides that “The appeal by a prosecutor is groundless, but the original judgment shall not be dismissed separately from the original judgment, inasmuch as the appeal by the defendant is accepted and reversed.” Criminal facts and summary of evidence against the defendant recognized by the court and summary of the evidence are the same as that of each corresponding column of the original judgment, and thus, they shall be cited as it is in accordance with

Application of Statutes

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

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