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(영문) 춘천지방법원 2014.05.28 2014노150
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The crime of this case was committed by deceiving victims by means of active methods, such as forging and delivering the real estate contract form, and acquired the total amount of KRW 13.78 million from victims, etc. in light of the method of crime and the degree of damage. However, the court below's punishment is too unreasonable as a result, considering the following factors: (a) the defendant was detained for more than seven months due to each crime of this case; (b) the defendant was in custody for more than seven months; (c) part of the amount of damage caused by the fraudulent act against the victim F was recovered from the victim G; and (d) the defendant was reached an agreement with the victim at the trial; and (e) other various sentencing conditions indicated in the records such as the motive and background leading up to each crime of this case, the situation after the crime, the age, character and conduct, and the environment of the defendant.

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

Criminal facts

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

Application of Statutes

1. Relevant Articles 347(1) and 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment with labor for the crime

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

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