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(영문) 서울북부지방법원 2015.07.03 2015노759
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (two years of imprisonment) is too unreasonable;

2. Although the defendant, as a repeated offender, committed a large amount of fraud against several victims, the court below held that the victim E (amounting to 7,5570,000 won) revoked the complaint, and the victim H (amounting to 3,550,000 won) and J (amounting to 1,420,000 won) submitted a written agreement containing the intention of not to punish the victim, there are one child to support, and all the sentencing conditions shown in the arguments, such as the defendant's age, character and conduct, family environment, are heavy.

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.

[Judgment of the court below] The summary of criminal facts and evidence is identical to the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Imprisonment with prison labor for choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

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