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(영문) 서울남부지방법원 2017.05.11 2017노89
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant is faithfully endeavoring to agree with the victims, that the defendant has the past record of punishment for the same kind of crime, that there is no record of punishment for the defendant, and that the defendant has committed a crime in depth through confinement and is living in good faith without re-offending in the future, the punishment sentenced by the court below (eight months) is too unreasonable.

B. In light of the fact that no measures have been taken to recover damage until the public prosecutor, and that the defendant has been absent on several occasions on the date of the decision of the court below, etc., the sentence sentenced by the court below is too uneasible and unfair.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

Each of the crimes of this case is not the crime because the defendant abused the trust relationship with the victims who are not the victims and acquired the money by fraud, and the amount of the fraud is not written.

The defendant has not taken measures to recover damage until the trial is held.

The defendant committed each of the crimes of this case without being familiar with the past who had been punished for the suspension of the execution of imprisonment two times, and the judgment of the suspension of the execution includes the crime of fraud of several laws similar thereto and the crime of violation of defense law.

In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, including the age, sex, environment, motive, means and consequence of the crime, as well as favorable or unfavorable circumstances to the defendant, the sentence of the court below is deemed unfair and unfair.

Therefore, the defendant's improper argument of sentencing is without merit and the prosecutor's argument of sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the appeal by the defendant is without merit and the prosecutor's appeal is with merit.

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