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(영문) 인천지방법원 2016.11.30 2016노3912
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) that the court below sentenced to the Defendants is too unreasonable.

2. In light of the substance of the instant crime and the applicable law, the fact that the crime is considered to be considerably poor, that Defendant A had the same criminal record related to the sale of used cars, and that Defendant B used the motor vehicle transaction business without being registered with the competent authority is disadvantageous.

The most favorable circumstance is that the Defendants are aware of their mistakes and reflects against themselves, that the Defendants agreed with the victims only smoothly after the issuance of the lower judgment, and that the Defendants did not have any criminal records exceeding the fine.

In full view of the above circumstances and all the circumstances indicated in the instant argument, the sentence imposed by the lower court to the Defendants is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is reasonable, and the judgment below is ruled again after pleading.

[Dao-written judgment] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows: 1. Each employee reply document and investigation report (verification of the registered matters) are added between 3, 17 and 18, 3, 3, 17 and 18, 3, 369 of the Criminal Procedure Act. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 347(1) and 30(Preparation of Imprisonment) of the Criminal Act

Defendant

B: Articles 347(1) and 30 of the Criminal Act (Fraud, Selection of Imprisonment), Article 79 Subparag. 13 and 53(1) of the former Automobile Management Act (Amended by Act No. 13486, Aug. 11, 2015) (amended by Act No. 13486, Aug. 11, 2015)

1. Aggravated concurrent crimes Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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