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(영문) 수원지방법원 2013.12.05 2012노4721
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and two years of suspended execution) is too unfied and unreasonable.

2. The crime of this case was committed by deceiving a victim as if the defendant would purchase a vehicle by using another person's name, and the nature of the crime was very poor, and the defendant committed the crime of this case even though there were a number of criminal offenses, including imprisonment with prison labor for a year and six months, and even though there were many criminal offenses, only a part of the crime was paid even though he agreed on the condition that the principal of the damage was repaid to the victim during the trial of the court below, and the defendant did not make efforts for repayment even though he had given sufficient time, and the defendant did not expect the effect of the prevention of recidivism even if he did not expect the effect of recidivism. In full view of all the sentencing conditions shown in the argument of this case, it is deemed unfair that the sentence of the court below is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is with merit, and the following decision is rendered after pleading

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the 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 of the Election of Imprisonment;

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