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(영문) 광주지방법원 2015.01.28 2014노3009
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Seized evidence 3, 4, 5, 7, 8, 9, 12, 13, 14.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years of imprisonment, confiscation) is too unreasonable.

Judgment

The fact that the defendant played a leading role in the crime of this case, and that the sum of the acquired amount by deceit through planned crimes is a large amount of 268 million won and many victims are also victims, however, efforts to recover damage to this court or not agreed with the victims are disadvantageous.

However, in light of the facts that the Defendant recognized his mistake, the fact that there was no previous conviction exceeding the fine for the last ten years is favorable, and the defendant's argument is reasonable, taking into account the equity in sentencing depending on the degree of participation with accomplices, the profits acquired by the defendant in the instant case, the circumstances after the instant crime, the circumstances after the instant crime, the age of the defendant, and the character and conduct environment, etc.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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