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(영문) 수원지방법원 2015.05.29 2014노4452
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant (five million won of a fine) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant appears to have led to a confession and reflect of all of the crimes of this case when the Defendant was in the trial; (b) the Defendant agreed with the victim insurance company at the time of the trial; (c) the Defendant did not have any other criminal records except for the punishment for minor fines once in the past; (d) the motive and background of the crime of this case; (c) the circumstances after the crime of this case; (d) the Defendant’s age, character and conduct, and environment; and (e) the sentencing conditions specified in the records and arguments of this case, the sentence imposed by the lower court 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, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column except for the alteration of the "1.1. The defendant's partial statement" in the summary of the evidence of the court below to the "1.1. The defendant's oral statement" as stated in each corresponding column. Thus, they are cited in accordance

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347 of the Criminal Act, Article 30 of the Criminal Act, and selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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