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(영문) 수원지방법원 2019.08.14 2019노1458
사기
Text

The judgment of the court below is reversed.

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

Seized evidence 1 or 2 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (a year and six months of imprisonment, a suspended sentence of three years, a probation, and a confiscation) declared by the court below is too uneasy and unreasonable.

2. The judgment is a favorable condition that the defendant repents and reflects the error, cooperates in the investigation, and is the initial offender.

On the other hand, the defendant committed a crime as if he were an employee of the Financial Supervisory Service and repeats the crimes several times in order to deceiving the victims, and that the amount of fraud exceeds KRW 120 million and most of the damages have not been recovered, and that the crime of Bosing for many and unspecified persons is disadvantageous to the fact that social harm is so great that it is necessary to punish them.

In addition, considering the circumstances leading to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, environment, etc., various sentencing conditions as shown in the instant records and arguments, and the scope of recommended sentences according to the sentencing guidelines, the lower court’s punishment is deemed to be too uneasible and unreasonable.

Therefore, prosecutor's assertion is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence, as stated in the corresponding column of the judgment of the court below, are the same as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to frauds (the type 2], the amount of which is at least 10 million won, and the amount of which is less than 500 million won (the amount of special punishment]: simple.

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