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(영문) 대전지방법원 2014.02.20 2013노2543
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. In light of the following facts: (a) the Defendant had been punished several times for the same kind of crime; (b) the Defendant committed each of the instant crimes without being aware of the fact that the Defendant had been punished several times for the same type of crime; and (c) even though each of the instant crimes was committed repeatedly with the same several methods, it is recognized that the victim of each of the instant crimes was majority and the same was committed; (b) the Defendant has agreed to some of the victims of the instant crimes; (c) the Defendant partially repaid the amount of damage; and (d) other factors of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other factors before and after the crime, the sentence imposed by the lower court against the Defendant is deemed to be too unreasonable

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 347(1) of the Criminal Act, Article 360(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Specialized Credit Finance Business Act (the point of use of lost credit card), and the choice of imprisonment for each sentence;

1. Article 35 of the Criminal Act among repeated crimes;

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

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