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(영문) 서울동부지방법원 2019.05.16 2019노168
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal asserts that the Defendant is too unafford by the lower court’s punishment (two years and six months of imprisonment), and that the prosecutor asserts that the lower court’s punishment is too unafford and unreasonable.

2. In light of the fact that there is a significant social harm caused by the singishing crime committed in a systematic and systematic manner, the fact that a number of victims were committed several times, and the damage recovery was not most caused, and the amount of fraud exceeded 100 million won, a sentence of punishment corresponding thereto is inevitable.

However, in full view of all the sentencing circumstances including the defendant's confession and reflect on the defendant's crime, the fact that there is no record of punishment exceeding the fine, the benefit of the defendant in this case is not significant, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the court below seems to be unreasonable. Thus, the defendant's assertion on the unfair sentencing is reasonable, and the prosecutor's assertion on

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, as the defendant's appeal is with merit.

(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the ground that the appeal by the defendant is well-grounded, the appeal by the prosecutor shall not be dismissed in separate order).” (Reasons for multi-use judgment) Criminal facts and summary of evidence, the facts constituting an offense recognized by the court and summary of evidence are as stated in the corresponding column of the judgment

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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

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