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(영문) 서울서부지방법원 2016.11.24 2016노1040
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. Determination is recognized as follows: (a) the Defendant repeatedly committed fraud on 43 occasions from March 2015 to December 2015 on 43 occasions; and (b) the Defendant has been punished several times by fraud.

However, in full view of the following factors: (a) the Defendant confessions all of the crimes of this case and reflects the Defendant; (b) the sum of the defraudeds of this case is relatively small; (c) the considerable part of the damage caused by this case was recovered in the trial; and (d) the Defendant’s age, character and conduct, environment, and the details and result of each of the crimes of this case; and (c) the circumstances after the commission of the crimes, etc., the lower court’s punishment is deemed to be unreasonable

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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