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(영문) 서울중앙지방법원 2013.04.12 2013노1007

사기

Text

The judgment of the first instance shall be reversed.

Punishment against the Defendants shall be prescribed by six months of imprisonment.

except that this judgment.

Reasons

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The judgment of the court was made by the defendants in depth, and the defendant additionally deposited KRW 50 million in addition to the full payment to the victim before the judgment was made, and the defendants do not seem to have used the money acquired by the defendants for personal benefit. In addition, taking account of the defendants' age, character and behavior, family character, family character, motive and circumstance of the crime, and circumstances before and after the crime, each sentence sentenced by the court of first instance to the defendants is too unreasonable.

3. According to the conclusion, as the appeal by the Defendants is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of evidence admitted by the court are the facts constituting the crime and the summary of the evidence, except for adding "I" to "victim" following the second 12th th th th th th th th th th th th th th th th th th th th th th th th th th th

Application of Statutes

1. Articles 347(1), 30(1), and 347(1), and 30 of the Criminal Act concerning criminal facts (the choice of imprisonment with prison labor for each of them), the latter part of Article 37, and Article 39(1) of the Criminal Act concerning concurrent crimes (the defendant B)