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(영문) 광주지방법원 2017.11.16 2017노815
사기등
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 decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination is that the victims of each of the instant fraud and embezzlement crimes are about 10 persons, and that the total amount of damage exceeds 68,000,000 won is disadvantageous to the Defendant.

However, in light of the fact that the defendant is both aware of his mistake and speaks against the defendant, that the defendant intentionally committed each of the crimes of this case, that the defendant agreed with some victims, that the defendant's agreement is reached at the trial before remanding the case, that the equity should be taken into account in the case where the judgment was rendered simultaneously with the crime of first head of the crime of the judgment below, which is a concurrent crime after Article 37 of the Criminal Act, and that other circumstances specified in the arguments of this case, such as the defendant's age, sexual behavior, environment, motive and consequence of the crime, and the circumstances after the crime, are too unreasonable. Thus, the defendant's argument is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement) and the choice of imprisonment for the crime;

1. The first sentence of Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That the first sentence of Article 39 (1);

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

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