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(영문) 대구지방법원 2015.10.15 2015노3172
사기등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

except that this shall not apply.

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the court below (the defendant A: the imprisonment of three years, the imprisonment of ten months) is too unreasonable.

2. It is recognized that the amount obtained by the Defendants through the instant fraud crime is reasonable, and that the method or the quality of the crime is not good.

However, in full view of the following circumstances: (a) the Defendants recognized the facts charged; (b) the Defendants appears to have sufficient opportunity to reflect during the period of detention; (c) the Defendants agreed to the victims and the victims in the trial; (d) the Defendants did not have any history of punishment for the same kind of crime; and (e) the Defendant’s age, character and conduct, family relationship; (c) the background leading to the instant crime; and (d) the circumstances after the commission of the crime, etc., the lower court’s punishment is unreasonable

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by the court are identical to each corresponding part 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. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 347(1) of the Criminal Act (Fraud) (the point of fraud), Articles 232, 234, and 30 of the Criminal Act (the preparation and use of qualification-based private documents), Articles 231 and 234 of the Criminal Act (the forgery and use of private documents), and the choice of imprisonment for each type of punishment

B. Defendant B: Article 347(1) of the Criminal Act, Articles 232, 234, and 30 of the Criminal Act (the preparation and exercise of qualification-based private documents) and the choice of imprisonment, respectively.

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

1. Article 62 (1) of the Criminal Act for a suspended sentence;

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