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(영문) 서울동부지방법원 2017.02.10 2016노1919
사기
Text

The judgment of the court below is reversed.

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

Reasons

The summary of the reasons for appeal by the defendant is that the sentence of the court below sentenced to the defendant (two years of imprisonment) is too unreasonable.

It is necessary to strictly punish the victims in light of the following factors: the defendant's records of the same crime and the degree of damage.

However, in addition to the remittance of the sum of KRW 127,350,000 for the victim F, the Defendant made efforts to recover damage by depositing KRW 40,000 for H after the conclusion of the instant pleadings. In the first instance, the Defendant agreed to compensate the victim N for the total amount of damage.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, and environment, the sentence of the lower court is deemed to be too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is as follows: (a) the summary of the court below's judgment's [2015 order 2320] deleted "the defendant's partial statement of the court of first instance" from among the summary of the evidence of the case and add "1. the defendant's oral statement of the court of first instance" to "the defendant's oral statement of the court of first instance", and thus, it is identical to each corresponding column of the court below's judgment.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense. Article 347 (Selection of Imprisonment);

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] No person who is subject to special sentencing in the basic area (1 to 4 years) (1 to 50 million won) of the type 2 (not less than KRW 100 million, but less than KRW 500) of the Criminal Act for the purpose of causing concurrent crimes: (a) there is no person who is subject to special sentencing (a decision of sentence] (a decision of sentence] of

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