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(영문) 울산지방법원 2018.03.30 2018노112
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.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The fact that the amount obtained by deception of the judgment case is considerably significant in the amount of KRW 300 million, and so far, the victim has not been repaid or agreed so far, and the victim wanted to be punished against the defendant is disadvantageous to the defendant.

However, considering the fact that the defendant shows an attitude against his mistake, that the perjury of this case did not significantly affect the result of the trial of related civil cases, G, the complainant, expressed his intention of not to punish the defendant in the court below, and the equity with the case of concurrent judgment at the same time as that of fraud for which judgment has become final and conclusive, considering the defendant's age, sex, family environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions as shown in the argument of this case, such as the circumstances before and after the crime, etc., it is recognized that the sentence imposed by the court below is somewhat unreasonable.

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, and the judgment below is ruled again after pleading as follows.

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: “The Defendant’s legal statement of 1.1” in Article 2229 of the 2016 Highest 229 Highest 329 Highest 229 Highest 3, and “the Defendant’s legal statement of 2016 Highest 3678” in Article 369 of the Criminal Procedure Act, except that the Defendant’s legal statement of 2016 Highest 3678 is “the Defendant’s statement of 6.6 public trial.”

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment with labor), and Article 152(1) of the Criminal Act (the points of perjury and the choice of imprisonment with labor);

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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