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(영문) 창원지방법원 2015.12.10 2015노2282
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (two years of imprisonment) is too unreasonable, and the prosecutor asserts that the above punishment is too uneased and unreasonable.

2. Each of the crimes of this case is acknowledged that each of the crimes of this case was committed by deceiving the victims and deceiving approximately KRW 227 million in total, and that the amount of damage is large, and that the victim E uses the situation requiring urgent employment.

However, considering the following circumstances: (a) the Defendant recognized his mistake as a whole; (b) the Defendant has reached an agreement with all victims during the trial; and (c) the fact that there was no record of criminal punishment except for the punishment of a fine of KRW 500,000 as a violation of the Punishment of Violences, etc. Act on September 2004, the Defendant’s age, character and conduct, environment, motive and background of the offense; (d) means and method of the offense; and (e) the circumstances surrounding the argument and the sentencing on the records of the instant case, such as the circumstances after the offense, are considered unreasonable.

3. 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, and the judgment is delivered again as follows.

(A) Although the appeal by a prosecutor is without merit, the appeal by a prosecutor shall not be dismissed unless the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded).

(Article 369 of the Criminal Procedure Act). Application of law

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

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

3. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);

4. Probation Criminal Act;

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