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(영문) 수원지방법원 2017.01.06 2016노2594
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The fact that a long-term crime has been committed against many victims of judgment, the sum of fraud amounts to 20 million won, and most of them have not been returned, and the crime of fraud against victims C and G is not good because of the so-called employment fraud, and the same criminal record is three times, and there are criminal records of imprisonment among them.

However, in the first instance trial, the victimO expressed his intention not to punish the defendant, and agreed to pay 30 million won until November 25, 2017 with the victim Q Q and the victim to pay 30 million won (the victim Q are still the defendant's punishment), the amount acquired by the victim L is a small amount, the victim L and H expressed their intention not to punish the defendant in the original trial.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions shown in the theory of changes, the sentence of the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act regarding criminal facts, the choice of punishment (the fraud against victim C), Article 347(1) of each Criminal Act (the remainder of fraud), and the choice of imprisonment for a crime;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (2) of the Criminal Act on the grounds of the sentencing of concurrent crimes shall be determined as ordered by comprehensively taking into account all the sentencing conditions of Article 50 (2) of the Criminal Act.

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