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(영문) 인천지방법원 2016.06.30 2015노4442

사기등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that this judgment.

Reasons

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

2. It is recognized that the crime of this case is committed by the Defendant with accomplices by forging a private document or submitting a false document with the financial institution, and that the crime of this case is not good in light of the method and frequency of crime, and the amount of fraud, etc.

However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of the crime; (b) deposited KRW 30 million up to three times the gain he acquired on behalf of the victim in the trial; and (c) the Defendant was the first offender without any previous conviction before the instant crime; and (d) currently pregnant; and (c) the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime; and (d) other circumstances constituting the condition for sentencing, such as the circumstances after the instant crime, etc., the lower court’s punishment is somewhat excessive.

Recognized.

3. In conclusion, the part of the judgment below against the defendant among the judgment below shall be reversed and the defendant shall be ruled as follows, after pleading, since the defendant's appeal is well-grounded.

Criminal facts

The summary of the judgment of the court below as to the defendant is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1), 30 (Crime of Fraud), 225, 30 (Taking place in the public document) of the Criminal Act, Articles 229, 225, and 30 (Taking place in the event of forgery of public document) of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 (Taking place in the private document above Article) of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, each of the above Articles 231 and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;