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(영문) 서울북부지방법원 2013.12.19 2013노1343
사기등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

except that this judgment.

Reasons

1. Each sentence of the lower court against the Defendants in the summary of the grounds for appeal is too unreasonable.

2. In full view of all the sentencing conditions shown in the records and arguments of this case, and all the sentencing conditions shown in the records and arguments of this case, and the defendant A did not have the same kind of imprisonment without prison labor or more, and deposited KRW 100 million to the fraudulent victim company in the trial, and the defendant B was the first offender, the court below's punishment against the defendants is unreasonable, and therefore, the defendants

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is all reasonable.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 347(1) of the Criminal Act; Article 30 of the Criminal Act; Articles 80 subparag. 5 and 57(1)2 of the former Automobile Management Act (Amended by Act No. 11588, Dec. 18, 2012); Articles 80 subparag. 5 and 57(1)3 of the former Automobile Management Act; Article 30 of the Criminal Act; Articles 30 of the Criminal Act;

B. Defendant B: Article 347(1) of the Criminal Act; Article 30 of the Criminal Act; Article 80 Subparag. 5 and Article 57(1)3 of the former Automobile Management Act (Amended by Act No. 11588, Dec. 18, 2012); Article 30 of the Criminal Act; Article 30 of the Criminal Act; the choice of imprisonment

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;

1. Defendant A: Article 48 (1) 1 of the Criminal Act;

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