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(영문) 인천지방법원 2014.01.07 2013노3369
사기
Text

The judgment of the court below is reversed.

As to the first crime No. 1 in the judgment of the defendant, the third crime in the judgment of the court.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (for the crimes No. 1 in the list of crimes No. 1 in the market, two months of imprisonment with prison labor, for the crimes No. 2 through No. 8 in the list of crimes No. 1 in the holding, and for the crimes No. 2 in the holding, eight months of imprisonment with prison labor) of the court below is too unreasonable

2. The Defendant, on May 7, 2013, was sentenced to imprisonment with prison labor for ten months and two years of suspended sentence on the grounds of the criminal act of the same type as the instant crime, on May 7, 2013. The Defendant committed the same type of criminal act while the trial was in progress (the date on which the said judgment was rendered), and the Defendant continued to commit the criminal act even after receiving the Defendant’s wife, and the nature of the crime is very poor.

However, considering the fact that the sum of the damage amount in this case is only about 1.9 million won, the confession of the defendant, most of the damage is repaid or deposited, and the defendant is currently the young age of 21st century, it seems that it is necessary to impose a fine more than that of the suspension of execution by sentence of imprisonment with prison labor and a fine should be imposed to the defendant, and it is necessary to give the defendant an opportunity for the last rehabilitation in order to lead a sincere life, as the defendant is entering the military. Thus, the court below's punishment is unreasonable.

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 and the summary of the evidence recognized by the court are as shown in each 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 and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. The crime of fraud in the sequence 1 of the first list of crimes as stated in the latter part of Article 37 and Article 39(1) of the Criminal Code, shall be judged.

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