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(영문) 서울중앙지방법원 2013.04.26 2013노874
사기
Text

The judgment of the court below is reversed.

The defendant is against the crime No. 1 through No. 37 in the annexed list of crimes in the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (e.g., e., imprisonment with prison labor for the crimes Nos. 1 to 37 in the annexed list of crimes in the original judgment, and six months in prison for the crimes No. 38 to 60 in the annexed list of crimes in the judgment of the court below) which the court below rendered is too unreasonable.

2. The judgment of this case is the case where the defendant acquired the victim D, who is a high school creative victim, by deceiving 144,211,250 won under the pretext of investment, loan, etc., and most of the damages have not been paid, and some of the criminal offenses have been committed during the period of repeated crime, which are disadvantageous circumstances, but the fact that they have been committed during the period of repeated crime is committed, and there are circumstances to consider both the defendant and the victim's relationship and the circumstances leading up to the crime, such as the crime of occupational embezzlement, etc. for which the judgment of the court below became final and conclusive, and the crime of occupational embezzlement, etc. for which the defendant's age, character and conduct, family relationship, environment, circumstance and contents leading to the crime of this case, circumstances after the crime, and sentencing guidelines as shown in the records, etc., the sentence of the court below is somewhat inappropriate.

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

[Dao-written judgment] The criminal facts and the summary of evidence against the defendant recognized by this court are as shown in each corresponding column of the judgment of the court below, in addition to the fact that the "occupational Embezzlement" of Article 1 of the Criminal Procedure Act is "occupational Embezzlement, Fraud" and the summary of evidence is "1. The defendant's court statement" in the summary of evidence as "1. The defendant's court statement" is "the defendant's court statement at the trial of the court of first instance". Thus, it is

Application of Statutes

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