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(영문) 울산지방법원 2020.12.03 2020노64
사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

except that this shall not apply.

Reasons

Summary of Grounds for Appeal

The lower court’s each sentence against the Defendants is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendants, such as the Defendants’ deceptioning the victims to take charge of the so-called planned real estate operation and practice, and the Defendants’ deceptionation of considerable money from the victims, and the Defendants’ liability is not less than that of the Defendants, the Defendant A has the same criminal power, and the Defendant B did not receive a letter from the victims.

In the first instance, Defendant A and the victim agreed that the victim did not want the punishment of the above defendant, the considerable part of the damage amount seems to have been restored, Defendant B did not have any record of punishment heavier than the same criminal power and fine, and the health condition of the defendants seems not good, etc. are favorable circumstances for the defendants.

In addition, considering the age and health conditions of the Defendants, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, it is recognized that the punishment imposed by the lower court to the Defendants is somewhat unreasonable.

3. The judgment of the court below is reversed on the grounds that the defendants' appeal is with merit, and the following judgment is delivered through pleading.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Defendants: pertinent legal provisions on criminal facts and the choice of sentence: Articles 347(1) and 30(Generally, Selection of Imprisonment) of the Criminal Act: Defendants subject to suspended execution of sentence under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the Defendants): Defendant B of community service order under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62-2 of the Criminal Act; Article 59 of the Probation, etc. Act on the grounds for

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