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(영문) 의정부지방법원 2019.05.24 2019노638
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

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

2. The Defendant has the following disadvantageous circumstances:

The defendant has repeatedly committed the crime of fraud for a considerable period using personal trust relationship with the victims.

The victims of each of the crimes of this case reach seven persons and the amount of fraud reaches approximately KRW 500 million.

The victims except the victim M and theO want to be punished by the defendant.

On the other hand, the defendant has the following favorable circumstances.

In the past, the defendant is against the recognition of each of the crimes of this case.

Prior to each of the crimes of this case, there is no record that the defendant was punished for the same crime or punished beyond the fine.

The defendant committed each of the crimes of this case with dolusence intention.

The defendant agreed with the victim M, and the victimO has not been punished by the defendant.

In light of the sentencing conditions as shown in the argument of this case, including the conditions favorable to the defendant as seen earlier, the sentence imposed by the court below was changed in the trial, resulting in the change of sentencing conditions, so far as it was unfair.

Therefore, the defendant's above assertion is justified.

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 with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (to be comprehensively applied to each victim, with respect to the choice of imprisonment);

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.

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