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(영문) 서울동부지방법원 2016.01.13 2015노1443

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) against the Defendant is too unreasonable.

2. The crime of this case is recognized that the crime of this case is committed by defrauding the borrowed money by using personal trust relationship, and the quality of the crime cannot be less than 1,00 won, and that the victim reaches 9 persons and the total amount of damage reaches 2,80,000 won.

However, in full view of the following circumstances: (a) the first offender was committed by the Defendant; (b) the Defendant was committed for a period of three months; and (c) the Defendant was able to reflect in depth the mistake by living in prison; and (d) the victims and the victims have reached an agreement in the first instance trial; and (e) other circumstances that are conditions for sentencing, including the Defendant’s career and environment, the sentence of the lower court

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence presented by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (elective 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 suspension of execution (the above-mentioned normal consideration);