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(영문) 춘천지방법원 2015.07.22 2014노824
사기등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) of the lower court is too unreasonable.

2. In light of the following: (a) the Defendant’s mistake is divided and contradictory to the judgment; (b) the Defendant committed the forgery of private documents; (c) the Defendant agreed with the name of the principal of the commission of the commission of the commission of the crime of uttering of the falsified document; (d) deposited a total of seven million won for the victim of the fraud; (c) there is no record of punishment exceeding the fine; and (d) other conditions of various sentencing indicated in the record, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 231, 234, 231, and 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on the crime of uttering of a falsified investigative document, and punishment imposed on a letter of credit transaction with the largest criminal situation concerning a letter of credit transaction with which the crime is committed);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act (The consideration of favorable circumstances among the reasons for the sentencing above);

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