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(영문) 대구지방법원 2017.03.24 2016노5506
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the crime of this case was committed with the crime of forging a document and the nature of the crime is not good, and the defendant committed the crime of this case without being aware of the period of repeated crime due to the same type of fraud, etc. even though he had been subject to criminal punishment over several occasions due to the same kind of crime, and the defendant appears to have led to the crime.

However, in light of the fact that the Defendant made a confession of all the crimes and divided his mistake into depth, the Defendant was fully repaid to the victim through a credit guarantee foundation at the investigation stage, and the Defendant appears to have fully repaid the payment of subrogated payment to the credit guarantee foundation at the trial stage, and the Defendant appears to have been able to have fully recovered from the actual monetary damage by paying the full payment to the credit guarantee foundation in the trial at the time of the trial at the trial at the time of the trial at the time of the trial at the time of the trial at the time of the trial, and other sentencing conditions specified in the argument at the time of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., are too unreasonable

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled after pleading.

Criminal facts

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

Application of Statutes

1. Articles 231, 30 (the above Article of private document), 234, 231, and 30 (the exercise of the above investigation document) of the Criminal Act concerning criminal facts, Articles 225 and 30 of the Criminal Act (the point of the use of public document) of the same Act, Articles 229, 225, and 30 of the Criminal Act, Articles 229, 225, and 30 (the use of forged public document) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347 of the Criminal Act.

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