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(영문) 서울고등법원 2014.02.14 2013노3667
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (the penalty of 6 months, 7,000,000 won) is too unreasonable.

2. The crime of this case is a false statement to the purport that the defendant would have the victim who wants to acquire Korean nationality by requesting a public official of the Incheon Immigration Office to obtain Korean nationality, and it is not proper to receive the above money from the victim as a solicitation for the affairs handled by the public officials, and the crime of this case may be damaged by the general public's trust in the fairness of the enforcement of the law due to the above crime, and the defendant's denial of the above crime at the investigative agency is disadvantageous to the defendant.

On the other hand, in light of the defendant's age, character and conduct, environment, circumstances after the crime of this case, and all other circumstances revealed in the arguments of this case, the punishment of the court below against the defendant seems to be too unreasonable, considering the fact that the defendant made a confession of the crime of this case and the crime of this case, the amount of fraud is not a large amount, the defendant's primary crime, the fact that the defendant did not have any criminal record, and the victim did not want the punishment against the defendant by agreement with the victim.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court concerning the instant case is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the point of fraud) and Article 111(1) of the Attorney-at-Law Act (the point of receiving money and valuables under the pretext of solicitation).

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