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(영문) 서울중앙지방법원 2019.11.21 2019노2277
사기
Text

The judgment of the court below is reversed.

The court below held that the defendant is not guilty of fraud against the victim B.

Reasons

1. The summary of the grounds for appeal (other than fraud against victim B: imprisonment with prison labor for one year, and imprisonment with prison labor for victim B: imprisonment with prison labor for two months) declared by the court below is too unreasonable.

2. While the Defendant had been subject to criminal punishment several times for the same kind of crime as the instant crime, again committed each of the instant crimes again, and the sum of damage amounts to each of the instant fraudulent crimes committed before the judgment at the time of original adjudication becomes final and conclusive shall be KRW 226 million. During the suspended execution period of imprisonment with labor for which the judgment at the lower court was final and conclusive, the Defendant committed the crime of fraud against the victim B, and the Defendant did not receive a letter from the victims other than the victim K and B or agreed with the remaining victims.

However, the Defendant shall confession and reflect each of the crimes in this case, and the remaining crimes of fraud except for the crime of fraud against the victim B are in the relation of the crime of fraud for which judgment has become final at the time of original adjudication and the concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined by taking into account equity and equity in the case of concurrent crimes under Article 39(1) of the Criminal Act. The Defendant agreed with

In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

【Reasons for the Judgment of the Court, 【The facts constituting the crime and the summary of the evidence admitted by the Court,” and the summary of the evidence, are as follows: “each police protocol against K, B, and J,” the last 5th page of the judgment of the court below, “1. K, B, and J, and each police protocol against K, B, and G,” and the 6th page “1. S.”

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