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(영문) 서울중앙지방법원 2013.03.06 2013노264
사기
Text

The judgment of the first instance shall be reversed.

Defendant

Punishment A to a fine of KRW 3,00,000, and a fine for Defendant B.

Reasons

1. The summary of the grounds of appeal is unfair sentencing. 2. The defendants of this court divided the defendants' errors in depth, and led to the confession of their crimes in the first instance court, Defendant B is the primary offender, Defendant A has no record of crime except for the sentence imposed three times, Defendant A paid damages according to the decision to recommend settlement of related civil cases, the complainant withdrawn the complaint against the Defendants, and other various sentencing conditions shown in the arguments of this case, including the defendants' age, character and conduct, motive and circumstance of the crime, and circumstances before and after the crime, it is recognized that the sentence of imprisonment or its suspended execution, which the first instance court sentenced to the defendants, is too unfair.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 30 of the Criminal Act: (a) the pertinent law on criminal facts and the choice of punishment; and (b) Articles 70 and 69(2)1 of the Criminal Act concerning detention in a workhouse; and (c) Article 334(1) of the Criminal Procedure Act concerning provisional payment order.

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