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(영문) 의정부지방법원 2013.10.31 2013노1884
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of the original judgment (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the court below seems to be somewhat heavy in full view of the following circumstances: (a) the defendant obtained money from the victims by actively deceiving the victims; (b) the victims of this case are many and the amount of damage amount reaches approximately KRW 320 million, and the amount of damage amount has not yet been fully recovered until now despite the considerable amount of damage amount; and (c) the most damaged damage I still appeal the defendant's severe punishment; (b) it is inevitable to sentence the defendant; (c) the defendant does not have any other criminal power; (d) the defendant goes against the defendant's mistake; (d) the defendant has reached an agreement with the victim H; and (e) the defendant has reached the judgment at the trial, and other various sentencing factors indicated in this case, such as the defendant's age, character and conduct, occupation and environment, background and consequence of the crime; and

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 summary of the evidence recognized by the court are the same as the corresponding columns 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. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

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

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