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(영문) 서울중앙지방법원 2014.11.06 2014노2853
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and eight months of imprisonment) is too unreasonable.

Judgment

Prior to the instant crime, there is no criminal history against the Defendant prior to the instant crime, and the victim E, I, which was the victims of each fraud, was agreed upon in the first instance, and accordingly, the victim E, and I did not want to be punished by the Defendant, and other circumstances that form the conditions for sentencing as indicated in the instant records and arguments, the sentence imposed by the lower judgment is somewhat unreasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) An occupation of the reference to private documents: Article 231 of the Criminal Act;

(b) The occupation of the event of a falsified investigation document: Articles 234 and 231 of the Criminal Act;

(c) The point of fraud: Article 347(1) of the Criminal Act;

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;

1. Article 62 (1) of the Criminal Act;

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