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(영문) 서울중앙지방법원 2018.12.14 2018노2504
사기
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

Reasons

1. The summary of the grounds for appeal by the Defendants (unfair sentencing) is that the lower court’s punishment (i.e., imprisonment with labor for 8 months, and (ii) imprisonment with labor for 10 months) is too unreasonable.

2. On September 8, 2018, the Defendants agreed with the victim on September 8, 2018 that Defendant A had the same criminal record one time, Defendant B acquired a substantial portion of the amount obtained through deception of the instant crime, and the victim still wanted to punish the Defendants. However, the victim was not fully paid the initial repayment based on the said agreement, and the victim again sought a serious punishment against the Defendants on November 7, 2018.

The Defendants are disadvantageous to the Defendants.

However, Defendant A recognized one’s own crime from the court below to be committed in depth, and Defendant B recognized one’s own crime for the first time and reflects its depth, and the Defendants paid additional KRW 20 million to the victim at the appellate court at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the above time, and all of the conditions of the pleadings and the records of the instant case, including the Defendants’ age, sexual conduct

The decision is judged.

3. Accordingly, the lower judgment against the Defendants is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the Defendants’ appeal is with merit, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by the Defendants and the summary of the evidence admitted by this court is as follows: (a) except for the alteration of “1. Defendant B’s partial statement” to Defendant B’s “legal statement” in the summary of the evidence to “1. Defendant B’s above-court statement”, and as such, it is identical to each corresponding column of the lower judgment; and (b) thereby, it is acceptable in accordance with

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

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