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(영문) 인천지방법원 2017.04.21 2016노3353
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In light of the content of deception, the crime is not good in light of the content of deception, and the total amount of deception is more than KRW 100 million, and the victim D wants to punish the defendant, but it is recognized that the defendant led to the crime, and the defendant agreed to do so in the court below, the provisional registration that was completed in preference to the real estate provided as security in G was cancelled at the court below, and the defendant made efforts to recover damage by remitting the sum of KRW 11 million to the victimD, and other various circumstances, including the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered unfair because the court below's punishment is somewhat inappropriate.

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

Criminal facts

The summary of the judgment of the court below is identical to each 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 and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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