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(영문) 광주지방법원 2015.02.11 2015노99

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The majority of victims are eight, and the amount of fraud is about 62 million won, which is disadvantageous to the other.

However, in light of the fact that the defendant recognized his mistake and did not have any criminal record exceeding a fine, the victim N,O, and G were recovered from insurance covered by the defendant, and that the remaining victims have also been paid a certain amount of money and agreed with the victim M,O, L, K, and I except the victim J, G, and the victim M,O, L,K, and I agreed to the court of this case, the court below's punishment of the court below is unreasonable because it is recognized that the defendant's punishment is unfair, in light of the circumstances of the crime in this case, the circumstances after the crime in this case, the defendant's age, and the character and conduct environment

Therefore, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50-1 of the Criminal Act; Article 62(1) of the Suspension of Execution Act;