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(영문) 인천지방법원 2013.07.25 2013노1185
사기등
Text

The judgment below

Part of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

(b).

Reasons

1. The gist of the reasons for appeal is that the original court’s imprisonment (one year and eight months) is too unreasonable; and

2. The judgment of the accused has committed the crime of fraud and embezzlement in multiple times, and the victim is many, the amount of damage is also reasonable, and the scope of the damage which has yet to be recovered is also reasonable.

However, at the time of the progress of the lower court, the Defendant agreed with U, AD, and Z among the victims, agreed with K,O, and the social Korea Ltd. that occurred at the time of the trial, and agreed to recover the remaining damage in the future, and the Defendant has been detained for about ten months, and the Defendant has an opportunity to reflect, and there is no history of punishment other than a fine once, and all of the sentencing conditions including the circumstances of the instant case, circumstances after the crime, the Defendant’s age, and family relations are considered to be 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column 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 Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud: Provided, That Article 30 of the Criminal Act and Article 355(1) of the Criminal Act as to fraud against K of the victim), each of Articles 355(1) of the Criminal Act, and each of the

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes stipulated in the crime of fraud against victim AD, the largest punishment for which is prescribed)

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. Social service order under Article 62-2 of the Criminal Act;

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