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(영문) 대전지방법원 2013.08.29 2013노1028
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of the court below (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is recognized as having considerably high amount of KRW 150 million, and it is not agreed with the victim. Meanwhile, the defendant confessions and reflects each of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the crime of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the case, and the victim prepared a certificate of borrowing KRW 260 million to the of the of the of the of the of the of the of the of the of the of the crime of the of the of the of the of the of the case, and the judgment of the of the of the of the of the of the of the court below was rendered on June 13, 2013, considering all the factors such as the defendant's age, character and environment, and motive and circumstances after the crime.

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, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except where “the defendant’s partial statement” in the summary of the evidence written in the original judgment is used as “written statement of the defendant,” the same as the corresponding column of the original judgment; and (b) 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 punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

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