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(영문) 서울중앙지방법원 2017.08.17 2017노1768
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A seized A. 6 f.o. f. f. f. f. f. f. f. f. f. f.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of imprisonment, confiscation) is too unreasonable.

Judgment

The crime of this case is committed by the Defendant under the name of the Defendant, and is committed by transferring the amount of damage from the withdrawn book to the account directed by the general responsibility, and making profits from about 5% (40 million won) of the amount of damage. The crime of this case is committed in an organized, planned, and intelligent manner, which is extremely poor in the nature of the crime; eight victims and 159 million won of the amount of damage are not small, which are disadvantageous to the Defendant.

However, it appears that the defendant recognized the crime of this case and agreed with the investigative agency, cooperation with the victim X, K, Y, Z, Z, and AA (the trial records No. 367 through 381, 410 through 412 of the trial records), the appellate court agreed with the victim I, AB, and W (the reference materials submitted by the defendant on August 9, 2017, the summary of the arguments submitted by the defendant on August 14, 2017), the victim AB, and W were returned again to the victims (the funds remitted by the victim AB, and W appears to have been returned again to the victims (the evidence No. 112, 113 of the evidence evidence record No. 2, 64, 669 of the evidence record No. 2, 69 of the trial records), and the social wife of the defendant and family members favorable to the defendant.

In addition, considering the various circumstances that are the conditions for sentencing as shown in the records and pleadings of this case, such as the Defendant’s age, environment, sex, motive of the crime, and circumstances before and after the crime, the sentence of the lower court is too unreasonable.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence is a summary of the facts charged and evidence.

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