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(영문) 수원지방법원 2015.06.26 2015노2514
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

The above fine shall be imposed on the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and fine of three hundred thousand won) is too unreasonable.

2. The crime of this case is determined by taking full account of the following circumstances: (a) the Defendant embezzled or lost wall on the part of the Defendant; (b) the use of the card on the part of the Defendant; (c) the use of the card was poor; (d) the Defendant has been punished twice for the same crime; (c) the Defendant was detained for a period of approximately two months; (d) the Defendant has been detained for a period of approximately two months; (e) there was no record of punishment exceeding a fine; (e) some of the damaged items were returned to the victims; (e) the actual amount of damage caused by the crime of this case is relatively minor to about five million won; and (e) other circumstances, which are conditions for the sentencing of this case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable. Therefore, the Defendant and his defense counsel’s allegation of unfair sentencing is justified

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows. The facts constituting the crime of the judgment of the court below are as follows: "Occba" in Article 369 of the Criminal Procedure Act means "Occba" in Article 366 (4) of the facts constituting the crime of the judgment of the court below as "Occba" in Article 12 (1) of the 125cc motor bicycle.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 360(1) of the Criminal Act, and Article 70(1) of the Specialized Credit Finance Business Act, respectively, concerning facts constituting an offense, Article 347(1) of the same Act (Fraud), Article 360(1) of the Criminal Act.

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