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(영문) 서울북부지방법원 2014.09.05 2014노780
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case is determined by the following circumstances: (a) the Defendant, through multiple times during a period of not less than two months, deceiving the victim by repeatedly deceiving him/her; (b) the degree of KRW 25 million is obtained by deception; and (c) the quality of the crime is not less than that of the crime in light of the frequency of

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the Defendant agreed with the victim in the first instance trial after recovering partial damages; (c) there was no record of punishment for the same kind of crime; and (d) other various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., the sentence imposed by the lower court seems unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the severe penalty for concurrent crimes stipulated in the crime committed on March 22, 2013), among concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);

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