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(영문) 수원지방법원 2014.02.19 2013노6483
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. A large amount of money obtained by the defendant regarding the defendant's assertion of unfair sentencing is less than KRW 1.5 million in the case of victim E, and KRW 35 million in the case of the victim J, and KRW 185 million in the case of the victim J. Meanwhile, considering the following circumstances: the defendant recognized the crime; the defendant reflects the mistake; the defendant repaid the amount of KRW 100 million in the order of the victim E; the defendant repaid the amount of KRW 100 million in the order of the victim E; the victim J. was deposited at the trial; the victim J. s. 20 million in the case of the judgment at the same time; the balance between the case and the case of fraud in the latter concurrent relation of Article 37 of the Criminal Act; and other favorable circumstances such as the defendant's age, character and behavior, health, family environment, circumstances of the crime, means and result before and after the crime; and all the records and arguments of this case, the court below's imprisonment is deemed to be unfair.

2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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