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(영문) 서울중앙지방법원 2019.09.19 2019노1564
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

, however, from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (the imprisonment of 10 months for the defendants A, the imprisonment of 10 months for the defendants B and the suspended execution of 2 years for the defendants) declared by the court below to the defendants.

(2) In light of the fact that the Defendants were punished for the same kind of crime even before the instant crime was committed, and that the amount acquired by the Defendants through the instant crime is considerably large of KRW 100 million and the method of the instant crime, etc., the Defendants’ liability for the crime is not against the law.

However, the Defendants led to the confession of the instant crime in the trial for a considerable period of time, Defendant A was detained for a considerable period of time, and was in a state of health. Defendant B was less vulnerable to Defendant A’s crime, and Defendant B was less likely to commit a crime. Meanwhile, the victim was given money under the name of the victim without any special attention to receive more money than the money to borrow. Meanwhile, the Defendants paid to the victim a sum of KRW 110 million and the court below and the court court held that the Defendants paid to the victim a sum of KRW 10 million.

In full view of these circumstances and other factors, including the Defendants’ age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court to the Defendants is too unreasonable.

Therefore, the defendants' arguments are justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【Reason of the judgment below’s reasoning】 The facts constituting a crime and the summary of the evidence recognized by the court below are stated in each corresponding column of the judgment of the court below, except for addition of “each of the defendants’ statements at the court of trial” to the summary of the evidence of the court below.

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