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(영문) 광주지방법원 2015.09.23 2015노487
사기
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

However, from the final date of this judgment.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case was committed by deceiving the victims of employment of 40,000,00 won, which is not good, and the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case even though he had the record of being sentenced to a stay of execution of one-year imprisonment with labor for a crime similar to the crime of this case on September 10, 2009, the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case at all times.

On the other hand, the court below's punishment is too unreasonable since the defendant paid the victims the total amount of damages after the sentence of the court below was rendered and agreed with the victims, and the defendant reflects the defendant's fault in depth. In full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character, and environment, etc., the defendant's argument is justified.

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.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act among the concurrent crimes under Article 347 (1) of the Criminal Act concerning the relevant criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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