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(영문) 서울북부지방법원 2015.07.08 2015노609
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

No. 1 through 16 of seized evidence.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (two years of imprisonment) is too unreasonable;

2. Although the decision does not take place all of the defendant's deceptive money return, the defendant's criminal intent was recognized when it comes to the trial, there was no criminal record of the same kind, there was a conspiracy to support, the victim's intent that AS does not want the punishment of the defendant in the trial among the victims, and the sentencing guidelines set by the Sentencing Commission under the Supreme Court's jurisdiction are not less than 1.8 years and less than 6 years of imprisonment (the recommended sentencing guidelines are more than 10 million won and less than 50 million won and the majority victims are less than 1.5 billion won, and the sentencing guidelines set by the Sentencing Commission under the Supreme Court's jurisdiction are not more than 1.2 years and less than 2 years of general fraud. However, since the combined result in the method of treating the same concurrent crimes was higher than 1.6 years and more than 1.6 years of imprisonment, the victim's death is less than 2 years and less than 1.6 million won of imprisonment with prison labor, and the victim's death is more than 9.6 million won of domestic character and behavior.

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.

[Judgment of the court below] The summary of criminal facts and evidence is identical to the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347 (1) and 30 of the Criminal Act applicable provisions of Acts and selective punishment.

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

1. Article 48 (1) of the Criminal Act of confiscation;

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