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(영문) 수원지방법원 2019.11.21 2019노4990
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The so-called “ telephone financial fraud” crime, such as the instant case, is an intelligent fraud crime in which each role is shared and organized to commit a crime in a planned and organized manner, and where various and scambling deceptions are mobilized, and there is a need to strictly punish those who are extremely poor in the nature of the crime and who participated in the crime.

However, the defendant is in depth divided into his mistake, and the above victim does not want the punishment of the defendant by mutual consent with L in the trial.

Defendant has no record of criminal punishment.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, etc., and the circumstances after the offense, the lower court’s sentencing is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, the choice of punishment for the crime, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, and the choice of imprisonment

1. Of concurrent crimes, prior to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the sentencing conditions as set forth in the text of paragraph (2) shall be considered.

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