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(영문) 서울서부지방법원 2013.09.24 2013노816
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) shall be too heavy.

2. The instant crime is an element of sentencing unfavorable to the Defendant, in which the Defendant purchased a vehicle without the intention to own the vehicle, and immediately borrowed money, the method of transferring the name of the vehicle to the bondholder, the fact that the crime is not good, and that no agreement is reached with the victim up to the trial.

However, in full view of the fact that the defendant recognized the crime of this case, the amount of damage of this case is not significant, and the defendant paid 43 million won out of the amount of damage of this case, the defendant has no record of punishment for the same crime, and other various sentencing conditions shown in the argument of this case, the court below's punishment against the defendant is somewhat unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of 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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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