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(영문) 전주지방법원 2013.11.22 2013노1013
사기등
Text

1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 4,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant committed the crime of this case only within several months after the execution of the sentence sentenced for the same kind of crime was completed, even though he had the record of punishment for the same crime. The crime of this case was committed by the defendant, by forging a new application for the mobile phone under the name of E, presenting E resident registration certificate, and by deceiving the victims by deceiving the victims of the above application through the method of creating a new application for the mobile phone under the name of E, and the nature and circumstances of the crime are inadequate and the defendant did not reach an agreement with the victims.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and seriously reflects his mistake; (b) the equity in the case where the instant crime and the judgment have become final and conclusive pursuant to Article 39(1) of the Criminal Act should be considered at the same time; and (c) other various circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, it is deemed that the sentence imposed by the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

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 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 230 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 of the Criminal Act, as to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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