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(영문) 창원지방법원 2017.12.07 2017노2540
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

The defendant is too heavy in prison (one year of imprisonment) of the judgment of the court below.

The argument is asserted.

Although the judgment of the court below is ex officio prior to the judgment, it constitutes a repeated crime Nos. 1 and 2 of the facts constituting the crime in the judgment below, the court below's judgment is no longer maintained as the repeated crime is aggravated on the whole of paragraphs 1 through 5.

Therefore, 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 for sentencing, and the judgment of the court below is reversed and it is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts constituting a crime and the summary of evidence, and thus, the gist of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 366 of the Criminal Act, Article 257(1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 70(1)3 of the Act on Financial Business Specializing in credit, Article 70(1)3 of the Act (a) of the Act on the Use of Card), each decision to punish an imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crimes No. 1 and No. 2 of the Decision)

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes are contradictory to the Defendant’s confession of the crime, the fact that the Defendant repaid KRW 200,000 to the victim of the crime of embezzlement of deserted articles in possession for the first time, the fact that the lost use of the debit card, the crime of embezzlement of deserted articles in possession due to the use of the lost debit card, and the crime of violation of the Act on Business of Fraud and Specializing in Credit is somewhat extenuating circumstances to resolve the disabled, and that there is a family member to support (ves with disability). The fact that there is a victim of the crime of larceny due to the use of the stolen debit card, fraud due to the use of the stolen debit card, and the crime of violation of the Act on Specialized

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