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(영문) 서울서부지방법원 2016.08.11 2016노208
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The sentence of the lower court (three years of imprisonment) is too unreasonable as to the summary of the grounds for appeal.

2. In light of the above, there are many unfavorable circumstances, including the following: (a) the receipt of the same kind of crime as the instant case, or the social harm of the so-called financial skin crime; (b) the sum of the fraud crime of this case is large; (c) the Defendant was subject to criminal punishment due to a violation of the Act on the Regulation of Similar Receiving Acts; (d) the Defendant committed a violation of the Act on the Regulation of Fraud and Similar Receiving Acts; and (e) the Defendant committed a violation of the Act on the Regulation of Door-to-Door Sales, etc. of 2015 High Order 3237, 2015 High Order 3237; and (e) the Defendant committed a crime of violating the Act on the Regulation of Similar Receiving Acts, etc.; (e) the other Defendant led to the confession and reflection of the victims; (e) made efforts to recover damage; and (e) the Defendant’s 2015 High Order 2485 case, an accomplice, who was an accomplice, has extended damage due to his production capacity in the statement of M; (e) the Defendant’s participation in the criminal records.

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 judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Code for the crime at issue of each applicable law, Article 6(1) and Article 3 of the Regulation of Similar Receiving Act, Article 30 of the Criminal Code (a point of receiving similar amounts), and door-to-door sales as to the crime at issue of each applicable law.

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