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(영문) 서울남부지방법원 2017.01.13 2016노1707
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for seven months.

The defendant shall be entitled to compensation G.

Reasons

1. Each sentence sentenced to the first and second core trials (the first instance judgment: imprisonment with prison labor for 6 months and the second instance: imprisonment with prison labor for 2 months) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, this Court tried by combining the appeal cases of KRW 2 with the appeal cases of KRW 1 in the judgment of KRW 2 in the judgment of KRW 2 in the judgment of KRW 2 in the judgment of KRW 37 in the case of appeal of KRW 1 in the judgment of KRW 2 in the judgment of KRW 37 in the judgment of KRW 38 (1) in the relation of concurrent crimes against the defendant, each crime of fraud in the judgment of KRW 1 and KRW 2 in the judgment of KRW 37 in the judgment of KRW

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.

[Re-written 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 below, and thus, it is acceptable to accept 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 concerning the selection of punishment (elective of imprisonment);

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

1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of Orders for Compensation and Sentence of Provisional Execution are as follows: (a) the Defendant was found to have erred by himself; (b) the Defendant was in the first instance and agreed with the victim B; and (c) the victimJ wanted to have the Defendant’s prior action against the Defendant, which are favorable factors

However, most of the crimes of this case are intended to mislead many unspecified persons by deceiving them in a short time through the Internet sales site of used goods.

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