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(영문) 서울북부지방법원 2016.06.07 2016노291
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The defendant's liability for the crime of this case is not minor in light of the defendant's attitude of each crime of this case, the degree of damage to victims, etc.

However, the Defendant did not have any special criminal record prior to committing the instant crime, and recognized and reflected his mistake.

In the trial process of the court below, the parties agreed with the victim C during the trial process, and agreed with the victim G, and the above victims do not want the punishment of the defendant.

The victim F also paid part of the amount of damage to the victim F and continued compensation for the remaining damage.

In addition, in full view of the criminal defendant's age, sex, environment, and circumstances after the crime, and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is deemed unfair.

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

[Grounds for the new judgment] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the corresponding columns of the judgment below. Thus, they are cited 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 (the fraud point, the choice of imprisonment, and the option of punishment) concerning the facts constituting an offense, and Articles 356 and 355(2) of the Criminal Act (the occupation of occupational breach of trust and the choice of imprisonment);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes provided for in the crime of fraud against victim F, the nature and circumstances of which are the largest);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 15 years;

2. Application of the sentencing criteria;

A. Basic crime: Each type of fraud against victims [decisions].

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