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(영문) 의정부지방법원 2014.07.17 2014노752
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In light of the fact that the instant case is a majority of the victims, that is, a crime that disturbs the order of Internet commercial transactions is not good, that the Defendant repeats the crime of fraud similar to the short term, and that the damage has not yet been recovered, the Defendant should be punished with severe punishment.

However, in full view of all the circumstances, the criminal records of the defendant committed each of the crimes of this case and there is no means to punish the defendant before the crime of this case, the amount of damage to the crime of this case is relatively small, the amount of damage was deposited for the victims when the defendant appealed, the defendant seems to have been prevented from committing the crime of this case, the defendant seems to have sufficiently reflected through his prison life for the remaining three months, and other circumstances that form the conditions for sentencing as specified in the records and arguments of this case are considered to be unfair, and therefore the above argument of the defendant is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of favorable reasons for the reversal of the above judgment);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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