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(영문) 인천지방법원 2014.02.06 2013노2703
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. In light of the fact that the amount of fraud is up to KRW 60,000,00, the punishment imposed by the court below is somewhat unreasonable, considering the following factors: (a) the defendant was committed in the instant case; (b) the defendant was committed in time of and against the Defendant; (c) the victim was agreed with the victim J; and (d) the victim was not punished by the victim under the agreement with the victim D; and (c) the defendant’s age, character and conduct; (d) the background and result leading to the instant crime; and (e) the circumstances before and after the instant crime.

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

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, thereby citing them as they are.

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. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with the punishment stipulated in the crime of fraud against D with respect to more severe victims);

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Social service businesses under Article 62-2 of the Criminal Act;

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