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(영문) 창원지방법원 2020.06.11 2020노409
사기등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

seizure.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant, as a delivery book, took part in the criminal act of licensing, acquired a total of KRW 73,100,000 from four victims on five occasions, and attempted to commit a crime by arresting the police.

Many daily allowances compared to other days were given to vehicles, and they committed crimes throughout the country such as Seoul, Incheon, and Changwon.

Recognizing that the participation in the crimes of Bosing is clearly recognized, there is a high possibility of criticism by continuing the crimes.

The damage has not been recovered, and the victims have not been urged.

The defendant has the same criminal history.

However, the defendant recognizes and reflects the crime.

There is no benefit acquired by committing the crime in addition to the daily allowance of KRW 1950,000.

There is no previous offense exceeding a fine.

In addition, when comprehensively taking into account all the sentencing conditions shown in the arguments, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and equity in sentencing with other similar cases, the sentence imposed by the lower court is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following decision is rendered after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is 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 352, 347(1), and 30 of the Criminal Act, Articles 347(1), and 30 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to the punishment for concurrent crimes, and the punishment specified in the crime of fraud No. 4 attached to the judgment of the court below, which is the largest penalty.

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