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(영문) 서울중앙지방법원 2020.01.09 2019노3522
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized Nos. 1 through 8 (each e-mail card), 10, 10.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and one year and eight months) of the lower court is too unreasonable;

2. The judgment of the court below is an unfavorable circumstance to the defendant, in light of the social harm and injury. The defendant took part in a crime exceeding KRW 150 million against eight victims.

However, the fact that the defendant does not repeat the crime because he reflects his mistake, that the defendant has no record of being punished more than the same crime or suspended sentence before, that he has received a letter by agreement with all other victims except for one victim who does not contact with the other victim.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances leading to the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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

1. Prior to the reason for reversal of sentencing under Article 48(1)1 of the Criminal Act, all circumstances as seen earlier were considered.

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