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(영문) 인천지방법원 2013.12.03 2013노3014
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

If the above fine is not paid.

Reasons

1. The sentencing of the court below (the fine of KRW 5,00,000) is too unreasonable.

2. The judgment of the court below is inappropriate in light of the following factors: (a) the crime of this case committed by the defendant, together with other accomplices, by deceiving the victims who want to obtain a small loan by using a mobile phone; (b) through the victim’s name; and (c) by deceiving the mobile phone terminal; and (d) the nature of the crime is not weak; (c) the defendant's participation in the crime of this case is relatively minor; (d) the degree of the defendant’s participation in the crime of this case is relatively minor; (e) other circumstances that may be taken into account after the crime of this case; (e) the age, character and conduct of the defendant; (e) the circumstances leading to the crime of this case; and (e) the circumstances before and after the crime

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 the following judgment is rendered again

Criminal facts

The summary of the facts charged and the summary of the evidence recognized 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) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating the penalty stipulated in the crime of fraud against AE with the largest number of concurrent crimes);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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