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(영문) 수원지방법원 2014.10.30 2014노5165
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The crime of this case is deemed to have committed the crime of this case by deceiving three victims of a total of KRW 193,400,000,000, which is significant, and the crime is deemed to be a reason for sentencing unfavorable to the defendant. However, in full view of all the circumstances, including the confession of all the crime of this case and the depth of his mistake, the defendant paid additional KRW 70,000 in the trial, in addition to the payment of dividends to the victims, and agreed with the victims, the defendant living under confinement for more than one month in this case, and the defendant has no record of being punished for the same crime or having no record of being sentenced to punishment for the same kind of crime, the sentence imposed by the court below is deemed to be unfair.

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 defendant's appeal is well-grounded.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as that stated in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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