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(영문) 인천지방법원 2015.06.19 2015노1472
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. Although the fact that the amount of fraud by deception is not so specified and that it is not agreed with the victim F is disadvantageous, it is judged that the sentence of the court below against the defendant is somewhat unreasonable in full view of the following: (a) the defendant is deemed to have the time to reflect the victim’s life through confinement for a period of two months; (b) the defendant has agreed with the victim C in the trial; (c) the defendant deposit KRW 3 million for the victim F; (d) the defendant has no record of criminal punishment; and (e) other various sentencing conditions specified in the records and arguments, such as the defendant’s age and happiness environment; and (e) the circumstances before and after the crime.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration in favor of the defendant in the front);

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

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