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(영문) 인천지방법원 2016.11.09 2016노1192
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The judgment is the majority of the victims, and the total amount of damage exceeds KRW 900 million, and the Defendant, after committing the instant crime, has escaped abroad for about 10 years and has not recovered for a long period of time.

However, in light of the favorable circumstances such as the Defendant’s confession of all of the instant crimes and the violation of his mistake, the same criminal record and fine, the victim C, AF, and the fact that there was no criminal record beyond the same criminal record and fine, the victim C, and AF were agreed to have been smoothly reached at the time of the trial, and some damage to the victim X appears to have been recovered, and other favorable conditions of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 228 (1) of the Criminal Act, and Articles 229 and 228 (1) of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence 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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