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(영문) 대구지방법원 2017.06.21 2017노534
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The penalty of a fine of 6 million won imposed by the court below is too unreasonable.

2. In light of the method of judgment and the content of the crime in this case, it is recognized that the liability for the crime in this case was not light, but the defendant was found to have committed the crime in this case, and on the other hand, the defendant was found to have committed the crime in this case, while recognizing that the defendant was guilty of committing the crime in this case, after the decision of the court below, the defendant paid 8 million won to the victim company and agreed to do so, the defendant did not have any criminal record exceeding the same kind or fine, and the defendant did not have any criminal record, and the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime in this case and arguments are considered, the court below's punishment is too too too unreasonable. Thus,

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony at the trial court” to the column for the evidence, all of the judgment below are identical to each corresponding column of the judgment below; (b) thereby, they are cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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