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(영문) 서울중앙지방법원 2020.04.03 2020노164
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (unfair imprisonment with prison labor for ten months) is too unreasonable.

B. The sentence imposed by the lower court is too uneased and unreasonable.

2. The Defendant requested the victims with no ability to repay the loan through a financial institution, and used the loan, and did not pay the loan in full, and arranged the loan actively during the process.

Accordingly, the victims who have lent money in good faith with the belief of the defendant's oral statement have suffered considerable damage, such as the repayment of the principal and interest of the loan for several years, and the defendant is not in good quality.

However, the defendant consistently repented the crime from the investigation stage to the trial.

In the trial of the injured party B and H, they agreed with the injured party B and the H did not want the punishment of the accused, but repaid 5 million won to the injured party E.

There is no record of criminal punishment exceeding the same kind of punishment or fine.

In full view of other circumstances that are the conditions of sentencing as shown in records and pleadings, the sentence imposed by the court below against the defendant is too unreasonable.

Defendant’s assertion is with merit and prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal by the prosecutor is without merit, and is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act (Provided, That the decision of the court below is reversed since the defendant's appeal is accepted and the judgment of the court below is reversed, and the defendant's appeal is with merit

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as shown in the corresponding column of the judgment below.

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