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(영문) 서울중앙지방법원 2013.10.18 2013노3000
사기
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. 2. The fact that the judgment of the court does not have any particular criminal power to the defendant, that the victim and the victim have agreed smoothly, and that the victim seems to have committed an error to some extent. In addition, comprehensively taking account of various sentencing conditions shown in the arguments of this case, including the amount of fraud, the relationship between the defendant and the victim, the relationship with the victim, the age, character and conduct of the defendant, the character and conduct of the defendant, the motive and circumstance of the crime, and the circumstances before and after the crime

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 30 of the Criminal Act: (a) of the pertinent Act and the choice of a punishment for a crime; (b) Articles 70 and 69(2)1 of the Criminal Act; (c) Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order issued on January 1, 199

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