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(영문) 의정부지방법원 2015.12.22 2015노2631
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

The seized beopon, the NH Debit Card, ...

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The instant crime was committed in the Internet car page with false descriptions of selling various goods, such as goods, accommodation tickets, and contact diskettes, and the quality of the crime is not good. The Defendant was sentenced to imprisonment for eight months on August 12, 2014 and imprisonment for two years under the same Act, despite being in the period of suspension of execution, and was sentenced to imprisonment for the instant crime in the same way in the same time, and even if he had been in the period of suspension of execution, it was committed in the same manner, and the victim had reached 59 persons and has not yet been recovered, it is inevitable to sentence the Defendant.

B. However, in full view of the facts that the defendant led to the confession and reflect of each of the crimes in this case, deposits of each of the damage sources (three million won in sum) for six victims at the court below, and transfers each of the damage sources (2,770,000 won in sum) to 13 victims at the court below, the above suspension of execution is invalidated if this judgment becomes final and conclusive, and other circumstances shown in the arguments in this case are considered as inappropriate.

C. Therefore, the defendant's above assertion is justified.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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. The former part of Article 37 of the Criminal Code among concurrent crimes.

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