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(영문) 부산지방법원 2015.02.05 2014노4621
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. It is difficult to exempt the offender from punishment in light of the following: (a) the Defendant was punished as a crime of the same kind; (b) the Defendant did not know the victim during the period of repeated crime; and (c) obtained the victim by deceiving the total sum of KRW 2,50,000 by fraudulent means; and (d) the offender appears to have suffered considerable pain by diving for more than five years after the defrauded; and (b) the offender appears to have suffered considerable pain.

However, in full view of the fact that the defendant has violated his wrongness and agreed with the victim with the help of the punishment system when it comes to the trial, that the defendant must rear his married children, and that other conditions of the sentencing indicated in the record, such as the defendant's age, character, conduct and environment, the sentence of the court below is too 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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment;

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

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

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