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(영문) 수원지방법원 2018.08.30 2018노3688
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

Reasons

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

2. The crime of this case is deemed to have committed the crime of this case by obtaining a loan brokerage commission from the injured person even though the Defendants conspired to buy a loan, and by obtaining a loan brokerage commission from the injured person, in light of the methods and contents of the crime, etc., the nature of the crime is bad, the damaged amount reaches KRW 300 million, and the Defendants were punished several times for the same crime. Defendant B is the period of repeated crime due to the same crime, which is disadvantageous to the Defendants

Meanwhile, in full view of all the circumstances that are favorable to the Defendants, including the fact that the Defendants appeared to reflect on the perception of the crime, that Defendant B appears to have been relatively less involved in the crime, that the victim did not want the punishment of the Defendants by having paid off the victim in full and agreed on the part of the victim at the time of the trial, that the victim’s previous conviction and the crime of this case, which are all indicated in the judgment of the court below, are in a concurrent criminal relationship after Article 37 of the Criminal Act, and that the defendants’ age, sex, environment, degree of damage, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment imposed by the court below against the Defendants is too unreasonable.

Therefore, the defendants' arguments are justified.

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

Criminal facts

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

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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