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(영문) 서울중앙지방법원 2017.08.24 2017노2244
사기
Text

The judgment below

The part concerning the crime of the 2016 order 8666 case is reversed.

Defendant shall be punished by imprisonment with prison labor for not less than ten months.

Reasons

1. The summary of the grounds for appeal (as to the crime of the 2016 order order 8666 order order), which the court below rendered against the defendant with respect to the crime of the 2016 order order 866 order order as decided by the court below (as to the crime of the 2016 order order), is too unreasonable.

2. The judgment of the Defendant committed the crime repeatedly against the victim, and the amount obtained by deception reaches KRW 12,00,000.

However, the defendant recognized the crime, and divided the wrong facts, and agreed with the victim in the first instance.

Before the crime of this case was committed, there was no record of criminal punishment other than the punishment of fines once for the crime of this case.

As the judgment of December 10, 2009 and the latter part of Article 37 of the Criminal Act are concurrent crimes, the equity should be taken into account when the judgment is rendered at the same time with regard to these crimes.

In full view of all the conditions of sentencing as shown in the arguments, including the following circumstances: Defendant’s age, sex, environment, motive and method of committing a crime, relationship with the victim who is a high-class deadly related relationship, circumstances after committing a crime, etc., the sentence imposed on Defendant with regard to the crime of the 2016 high-class 866 case, which was held by the lower court, is somewhat unreasonable.

3. As such, the Defendant’s argument of sentencing is with merit. Accordingly, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment below regarding the crime of the 2016 senior order 8666 case is reversed, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The facts constituting an offense and the summary of evidence acknowledged by the court and the summary of the evidence are identical to the relevant column of “2016 order and 8666 order” of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing of Article 62(1) of the Criminal Act is ordered in consideration of the circumstances described in Article 62(2) of the Criminal Act.

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