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(영문) 서울남부지방법원 2016.04.07 2015노1826
사기등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

, however, from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is that the defendants recognized the crime in the trial and reflect it, Defendant B did not want the punishment of the defendants according to Defendant B’s restoration of damage in the trial and smooth agreement with the victim. Defendant B was merely aiding and abetting Defendant A’s criminal act by lending the account, did not own most of the damages, and Defendant A did not enjoy a large amount of damage, and Defendant A suffered a large amount of damage, and Defendant B was relatively old and at the risk of business crisis due to the prison life, it is unfair that the court below sentenced the defendants to the punishment (eight months each by imprisonment) is too unreasonable.

2. In full view of all the sentencing conditions in the instant case, including the fact that the Defendants were found to have committed the crime in the trial, that the injured party did not want the punishment of the Defendants according to Defendant B’s restoration of damage in the trial and the smooth agreement with the injured party, that Defendant A had been engaged in prison life for more than one month, Defendant B had been engaged in prison life for more than five months, and that Defendant B had been engaged in prison life for more than five months, and all the sentencing conditions in the instant case, such as the Defendants’ age, character and behavior, motive and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable. Thus, the Defendants

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited as it is 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 (the point of fraud) of the Criminal Act, Articles 6(1) and 3 of the Act on the Regulation of Similar Receiving Acts, Article 30 of the Criminal Act (the point of similar receiving acts), and Article 30 of the Criminal Act, the choice of imprisonment for each type of punishment

1. The Criminal Code for the Aggravation of Concurrent Crimes

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