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(영문) 서울북부지방법원 2015.07.23 2015노665
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. Although the victim D had already been damaged by the defendant's each crime of this case, the damage amounted to KRW 220,400,000,000 and more than 5-7 years had already passed from the time when the damage occurred, the victim's damage was not recovered at all. However, the defendant's mistake was recognized, and the defendant made efforts to agree with the victim by transferring the victim's 400-500 period and the three parts of the safe-right, etc. at the investigation stage. The victim and the victim expressed their intention that the victim would not want the punishment. Each crime of this case of the defendant is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment of the court below which became final and conclusive. The defendant's each crime of this case should be determined in consideration of equity and the defendant's motive and circumstances leading to each crime of this case, the defendant's motive and circumstances leading to the crime of this case, the defendant's occupation and behavior, the reason why the court below made the judgment below's reasoning, and circumstances, etc.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

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

The laws and regulations;

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