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(영문) 인천지방법원 2015.07.24 2015노1618

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the circumstances and contents of the crime of this case, the crime is bad, and the defendant can have the record of criminal punishment for the same kind of crime of fraud, etc., which is disadvantageous to others.

However, in full view of the fact that the defendant led to the crime of this case, the victim E and the nominal owner of the forged document, and the deposit of one million won each for the victim E and the nominal owner of the forged document, and other various sentencing conditions in the records and arguments, such as the age and happiness environment of the defendant and the circumstances before and after the crime, it is deemed that the sentence of the court below against the defendant is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act that prescribes the choice of punishment (Fraud, choice of imprisonment), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act (the illegal use of resident registration numbers and choice of imprisonment) (the illegal use of resident registration numbers 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;