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(영문) 서울동부지방법원 2018.09.21 2018노1012
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The reasoning of the judgment of the court below and the reasons for sentencing indicated in the argument of this case and the record of the case are particularly considered, and the punishment sentenced by the court below is too unreasonable, considering the following: (a) the card company was taken over with the victim Yangyang Card Co., Ltd. as a person entrusted with the card company as the principal; (b) the Bank of Korea was additionally deposited with the principal; and (c) the defendant did not have any history of punishment for the crime.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are 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 punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The reasons stated in the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant left Korea after each of the instant crimes and staying in a foreign country for a long time; and (b) there was no effort to recover the victims’ damage; (c) the Defendant did not return to Korea to the victims to repay the amount of damage; and (d) the Defendant deposited the principal amount of each damage to the victims after the Defendant was arrested.

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