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(영문) 수원지방법원 2016.02.03 2015노6933
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case was committed in collusion with others by obtaining a loan by forging and exercising a variety of documents in a systematic and professional manner in collusion with others, and its nature is very poor.

However, in light of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, background and result of the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable, in view of the following: (a) the Defendant had no criminal history of the same kind and suspension of execution or higher; and (b) the amount of the instant damage is relatively small; and (c) the Defendant’s age, sex, environment, and circumstances after the instant crime.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the description of each 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. Article 347(1) and Article 30 of the Criminal Act in relation to the criminal facts at issue; Articles 225 and 30 of the Criminal Act (the fact of fraud in connection with the criminal facts at issue); Articles 229, 225, and 30 of the Criminal Act (the fact of uttering of forged public documents) of the same Act; Articles 231 and 30 of the Criminal Act (the fact of above Article of private documents) of the same Act; Articles 234, 231, and 30 of the Criminal Act (the fact of uttering of the above investigation documents) of the same Act; Articles 234, 231, and 30 of the same Act (the fact of uttering of the above investigation documents);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment prescribed for the crime of gambling a forged official document as indicated in each judgment and the crime of gambling a document of each investigation of each case shall be imposed between the crimes, and the punishment shall be imposed on the crime of gambling a forged official document which exercises the forged business registration certificate under the name of the head of the interesting tax office having rendered the largest judgment that the crime is committed);

1. Selection of penalty:

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