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(영문) 인천지방법원 2015.09.11 2015노2423
사기등
Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

Defendants shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) of the lower court is too unreasonable.

2. The crime of this case was committed by deceiving a large number of unspecified victims and repeatedly by deceiving them, and the crime of this case was committed under the unfavorable circumstances, such as the following: (a) the crime was not committed; (b) the total amount of damage exceeds 30 million won; (c) the damage was not recovered to the trial; (d) the Defendants acquired the means of access to electronic financial transactions; (e) the Defendants were subject to suspended execution; and (e) Defendant A was subject to suspended sentence for the same crime; and (e) Defendant B committed the crime of this case without going against repeated crimes even during the period of repeated crimes.

However, in light of the following: (a) the Defendants led to the confession of all of the instant crimes; and (b) the instant crime was committed on September 30, 2014 by Defendant B, who was sentenced to imprisonment with prison labor of four months at the Incheon District Court on April 14, 2015; and (c) the relationship between fraud finalized on April 14, 2015 and concurrent crimes under the latter part of Article 37 of the Criminal Act; and (b) the principle of equity with the case to be adjudicated simultaneously pursuant to Article 39(1) of the Criminal Act should be taken into account; and (c) other factors of sentencing as shown in the records and arguments, such as the age and happiness

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is without merit, and the judgment below is ruled again as follows.

[Judgment used again against the defendant] The summary of facts constituting an offense and evidence recognized by the court is the same as the statement of each corresponding column of the judgment below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 347(1) of the Criminal Act (Fraud) and Article 347 of the Criminal Act.

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