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(영문) 수원지방법원 2021.03.17 2020노5896
사기등
Text

The judgment of the court below is reversed.

In the case of crimes Nos. 1 and 2, the defendant shall be punished by imprisonment for 8 months, and crimes No. 3 through 5 of the ruling.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the crime Nos. 1 and 2 in its holding: Imprisonment with prison labor for 8 months, and the crime No. 3 through 5 in its holding: imprisonment with prison labor for 4 months) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. A large amount of damages for each of the instant crimes reaches approximately KRW 44,800,00 in total, the Defendant had been punished several times for the same crime, and the Defendant committed the crimes of Articles 3 through 5, which were decided during the period of suspended execution of the same crime.

However, in full view of the favorable circumstances such as the recognition of each of the crimes in this case by the Defendant, the victims except for the crime of occupational embezzlement prior to the pronouncement of the judgment of the court below did not want the punishment of the Defendant, and the representative director of the L/C head office, N, who is the victim of occupational embezzlement after the judgment of the court below, expressed his/her intent that he/she does not want the punishment of the Defendant; the crime Nos. 1 and 2 in the judgment of the court below should take into account the equality in the case where the judgment should be rendered simultaneously with the crime for which the judgment became final and conclusive; and other circumstances such as the motive, process, means and method of the crime in this case; circumstances before and after the crime; and

Recognized.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and the decision is rendered again as follows (inasmuch as the prosecutor's appeal is groundless, but the judgment of the court below is reversed by accepting the defendant's appeal and the judgment of the court below is reversed, it shall not be dismissed separately from the disposition of the court below). [Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court is the same as the corresponding column of the judgment of the court below

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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