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(영문) 수원지방법원 2014.07.24 2014노2907
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. In light of the circumstances unfavorable to the defendant, or the fact that the defendant did not reach an agreement with the victim even though the amount of fraud was not written, the defendant did not have any criminal record for the same kind of crime; the defendant did not have any criminal record; the vehicle purchased by the defendant with the installment loan was transferred to the person who was a dealer of the vehicle immediately before that day; the amount received in return for the sale from the above person who was merely 10 million won, and the profit that the defendant acquired by the installment loan of this case was not significant; and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character, and environment, as stated in the records and arguments of this case, the punishment of the court below against the defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are 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 criminal punishment, and the choice of imprisonment;

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