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(영문) 서울북부지방법원 2013.10.24 2013노987

사기등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for eight months, and for a defendant C.

Reasons

1. Summary of grounds for appeal;

A. Defendant B did not report false facts concerning Defendant A’s resident registration.

B. The lower court’s respective punishment on the Defendants is too unreasonable and unfair.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below and the court of first instance, it can be recognized that Defendant B conspired with Defendant B to register the resident registration place A in a place where it is not actually residing, thereby making a false move-in report. Thus, the above assertion by Defendant B is without merit.

B. In full view of the following facts: (a) all of the sentencing conditions and the defendants specified in the records and arguments of the instant case are divided; (b) Defendant B was the victim AY, CI, Defendant C was the victim DL, DM, BK, Defendant D was the victim AC, Defendant E was the victim DN, BK, and DO; and (c) the Defendants was the victim DN, BK, and DO’s criminal records and the amount of fraud, the lower court’s punishment against the Defendants was unreasonable, and thus, the above Defendants’ respective arguments are with merit.

3. Accordingly, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendants’ appeal is based on its reasoning, and the judgment is rendered again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

A. Article 347(1) of the Criminal Act, Articles 347(1) and 30 (Fraud) of the Criminal Act, Articles 155(1) and 31(1) of the Criminal Act (the point of a counterfeited and forged evidence user) of the Criminal Act, Article 231 of the Criminal Act, Article 31(1) of the Criminal Act (the point of a private document teacher) of the Criminal Act, Articles 234, 231, and 31(1) of the Criminal Act (the point of a private document teacher), Article 37 subparag. 3 of the Resident Registration Act, Article 37 of the Criminal Act.