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(영문) 광주지방법원 2013.11.06 2013노1925
사기등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

An application for compensation order by J. applicant for compensation.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (ten months of imprisonment) is too weak or unreasonable.

2. The crime of this case is determined by comprehensively taking into account the following factors: (a) the Defendants conspired to commit the crime of this case by deceiving KRW 113,210,00 through 23 times in total from the victims under the pretext of investment in indoor riding course business; (b) the Defendants acquired money from the victims and received money without delay; (c) the Defendants did not agree with many victims; and (d) some victims want to be punished for the Defendants; (c) even though they were aware that they wanted to be punished for the Defendants; (d) the Defendants committed the crime of this case, despite the fact that they committed the crime of this case; (e) the Defendants conspired to commit the crime of this case; (e) the Defendants committed their mistakes in two months of detention with the confession of all the facts of the crime; (e) the Defendants paid part of the amount received from the victims as dividends, etc.; (e) the Defendants did not have any criminal record or criminal punishment; and (e) the Defendants’ age, character and conduct of the Defendants; and (e) all the conditions of sentencing before and after the crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled as follows.

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

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, Article 30 of the Criminal Act, the choice of imprisonment with labor

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

1. Application for compensation order;

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