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(영문) 제주지방법원 2021.02.04 2020노930
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three million won.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months and fine of three million won) is too unreasonable.

2. The crime of this case as to the reasons for appeal is not only a crime of fraud by deceiving a customer by taking advantage of the circumstances in which the defendant is an employee of a certified judicial scrivener office, but also a crime of fraud by taking advantage of the money obtained through deception as well as a property damage to a certified judicial scrivener who is his employer, and also a crime of this case is not less than a liability in that the defendant knew the trust relationship with the customer or employer.

However, in full view of the fact that the defendant recognized all of his criminal acts, the victim B handled the registration work requested by the victim B at his own expense and performed the damage to the victims of the fraud, and the defendant did not want to be punished against the defendant under the agreement with the actual victim B in the trial of the case, there was no record of punishment for the defendant prior to the case, and other all the sentencing conditions in the records and arguments of this case, such as the defendant's age, family relationship, means and result of the crime, the punishment sentenced by the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

【Grounds for the judgment in force】 The facts constituting a crime and summary of evidence recognized by the court in question as well as the summary of the evidence are as stated in each corresponding column of the judgment below, except for the correction of “K” as “K” at the time of the crime No. 35 times in the end, “No. 12:58, Oct. 10, 2019,” and “No. 12:36, Oct. 12:36, 2019,” which is the same as stated in each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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