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(영문) 광주지방법원 2014.11.20 2014노2346
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the defendant is an unfavorable circumstance that the victim D or F deceivings the head of the Gu to be employed through the entrustment of personnel management and employment, and that the method of the crime is extremely poor, and that the amount acquired by deceit by such means is up to 65 million won, and that the details of intimidation of the victim C and the content of the damage of the victim C and his husband, which the victim and his husband, are about internal relations, etc., and that the damage of the victim C and H, which the above victims suffered, seems to have been serious mental damage.

However, in 2002, the defendant has no record of being punished after being sentenced to 10 months of imprisonment for fraud, and the court below deposited 50 million won for the victim D at the court below, and agreed with the victim D, F, and H by paying 15 million won for the victim C, and in consideration of the favorable circumstances, such as deposit of 1 million won for the victim C, the defendant's age, character and conduct, environment, circumstances of the crime of this case, and the result of the crime of this case, and all of the sentencing conditions in this case, such as the following circumstances, the sentence of the court below is somewhat unreasonable. Thus, the defendant's argument has merit.

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.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by the court is as follows, except where the “1. Defendant’s legal statement” in the summary of the evidence is deemed as “1. Defendant’s legal statement at the original trial,” and thus, it is identical to each corresponding column of the original judgment. As such, it is cited as it is in accordance with Article

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act for the crime (Fraud), Article 283(1) of the Criminal Act, Article 307(2) of the Criminal Act, and Article 15(1) of the Criminal Act for each case.

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