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(영문) 서울서부지방법원 2014.06.13 2014노415
사기등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for not more than four months for the first offense, and by imprisonment with prison labor for the second offense.

Reasons

1. The summary of the grounds for appeal (the defendant A shall be sentenced to 6 months of imprisonment with prison labor and 4 months of imprisonment with prison labor and 6 months of imprisonment with prison labor for the defendant B) is too unreasonable.

2. The crime of this case is one of the elements of sentencing unfavorable to the Defendants, such as the Defendants committed a fraudulent crime by deceiving the court in the trial proceedings to acquire another’s property by deception, which is not good quality of such crime, such as encouraging judicial uncertainty, such as encouraging the Defendants to encourage the criminal justice, the Defendants’ agreement with or not accepted, the victims want to have a strict punishment against the Defendants, the victims were considerably suffering from mental distress, the victims had a significant criminal record of severe punishment, and the Defendant B had a history of having been subject to the suspended sentence of imprisonment with labor due to fraud.

However, in light of the above facts, the defendants recognized the crime of this case in the first instance trial and against it, and the defendant Gap deposited KRW 21,876,700, which is the amount received by the defendant Eul as the executive title with the favorable judgment stated in Paragraph (1) of the facts constituting the crime of this case in the court below's judgment, and the defendant A did not have any profit from the crime of this case, etc., and other factors of sentencing favorable to the defendants in the argument of this case, the punishment of the court below against the defendants is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is "1. Defendants' respective legal statements" in the summary of the evidence.

1. Each part of the prosecutorial investigation protocol against the Defendants;

1. With the exception of changing each part of the police interrogation protocol against the Defendants into “1. The Defendants’ respective legal statements”, it is the same as the entries in each corresponding column of the lower judgment.

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