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(영문) 서울중앙지방법원 2019.08.30 2019노1970
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The judgment of the defendant committed each of the crimes of this case during the repeated crime period, and did not agree with the victims or recover from the damage.

However, all of the defendants have led to confession of crimes and are against themselves.

The sum of the amounts obtained by the Defendant through the instant crime is only 1,275,000 won.

The defendant is trying to drink and live as a healthy social person.

In full view of all other circumstances that are conditions for sentencing as shown in pleadings, such as the Defendant’s age, character and conduct, environment, criminal record and relationship, motive and background of the offense, frequency of the offense, and circumstances after the offense, the lower court’s punishment is deemed to be too unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 as shown in each corresponding column 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 Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Aggravation of types 1 (less than KRW 100,00) (Special Aggravation) and (less than KRW 100,000) of the types of fraudulent offenses according to the sentencing guidelines: In the area of aggravation of the same repeated offense (the scope of recommending area and recommendation), the area of aggravation of the punishment, one year to six months.

3. Determination of sentence: Determination of sentence within the range of sentence that is recommended on the sentencing criteria in consideration of the circumstances described above one year prior to the imprisonment;

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