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(영문) 서울서부지방법원 2014.08.29 2014노315
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

An application for compensation by an applicant for compensation shall be dismissed.

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. The judgment of the defendant is a very large amount of damage amount caused by each of the crimes of this case, some amount was recovered through deposits, etc. to the victim D, but a significant portion of the amount has not yet been recovered, the defendant, even though he cancelled the right to preferential payment of the victim D by cancelling the right to collateral on a deposit basis, failed to repay various dopings to the victim D, used the recovered deposit in repayment of other obligations, and the nature of the crime was very poor, and the victim D wanted to escape the defendant's strict punishment, etc., which are disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant recognized the instant crime at the time of the trial; (b) the Defendant paid 33 million won to the victim C and paid her debt; and (c) the said victim did not want to be punished against the Defendant; (b) it appears that such circumstance appears that the written application for the penalty was submitted on the date of the lower judgment’s decision; (c) the Defendant’s family members, branch members, etc. wished to be reflected in the lower judgment; and (d) it appears that social ties are deep; and (c) there appears to be no previous offense against the Defendant; and (d) there was no record of heavy punishment other than the punishment by a fine, the lower court’s sentencing factors that are favorable to the Defendant and other various sentencing conditions indicated in the records of this case are inappropriate.

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

Criminal facts

The substance of the facts charged and the gist of the evidence admitted by the court is as follows: “The Defendant’s partial statement” in the summary of the evidence as “the Defendant’s legal statement” and “N’s partial legal statement.”

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