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서울중앙지방법원 2014.01.16 2013노4096
사기
Text

The judgment of the court below is reversed.

Imprisonment with prison labor for a crime of Nos. 1 and 3 in the judgment of the defendant, and for a crime of No. 2 in the judgment.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for the crimes No. 1 and No. 3) is too unreasonable.

2. In light of the fact that the total amount of the fraud by the instant crime exceeds KRW 100 million, the criminal records of the Defendant, other than the criminal records of fraud stated in the judgment, can be punished for the crime of fraud, and each of the instant crimes committed during the period of repeated crime of the same kind, etc., the Defendant should be punished strictly. However, the Defendant is divided and reflected in depth of the instant crime, and the victims of the instant crime do not want the punishment of the Defendant by mutual consent with L during the trial, and taking into account the Defendant’s age, character and behavior, environment and other sentencing conditions, the lower court’s punishment seems to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.

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 citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Articles 37 and 39(1) of the Criminal Act concerning the treatment of concurrent crimes (Articles 1 and 3 at the time of the sale and Article 39(1) of the same Act (Articles 2009Dadan2194, 201Kadan121);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (trades of crimes falling under subparagraphs 1 and 3 in the market);