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(영문) 서울남부지방법원 2017.02.10 2016노1468
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a period of four and nine months.

Reasons

1. Each sentence (the first instance judgment of KRW 1: imprisonment with prison labor for 4 years and the second instance: imprisonment with prison labor for 1 year) that pronounced in the first and second instances of the grounds for appeal (unfair sentencing) is unreasonable because it is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, this Court tried by combining the appeal cases of KRW 2 with the appeal cases of KRW 1 in the judgment of KRW 2 in the judgment of KRW 2 in the judgment of KRW 2 in the judgment of KRW 37 in the case of appeal of KRW 1 in the judgment of KRW 2 in the judgment of KRW 37 in the judgment of KRW 38 (1) in the relation of concurrent crimes against the defendant, each crime of fraud in the judgment of KRW 1 and KRW 2 in the judgment of KRW 37 in the judgment of KRW

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The conditions favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code aggravated concurrent crimes: The Defendant recognized each of the instant crimes; the Defendant paid the victim K the amount of KRW 10 million with the windsom vehicle owned by the Defendant; the victim H did not have any monetary compensation but has reached an agreement; the victims are partly responsible for the occurrence of each of the instant crimes and the expansion of damages; and the circumstances unfavorable to the victims without the same criminal record: Each of the instant crimes is abused by the Defendant’s open hearing.

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