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(영문) 전주지방법원 2013.11.22 2013노1044
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the lower court (two years of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The crime of this case in determining the grounds for appeal is to be strictly punished in light of the fact that the defendant deceivings victims, received a total of KRW 150,000,00 from several occasions as a loan, and acquired it as a large amount of damage, etc., and then the amount of damage is a large amount.

However, when the defendant was found to have committed the crime of this case in the first instance, he is in depth, and the court below deposited 50 million won, which is the full amount of damage for the victim E corporation, and in the first instance court, the victim K and the defendant did not want to be punished for the defendant. The defendant did not have any record of punishment heavier than that of a fine. In full view of the defendant's age, character and conduct, environment, the circumstances leading to the defendant to commit the crime of this case, means and result, the situation before and after the crime of this case, and other various sentencing conditions of Article 51 of the Criminal Act as shown in the records of this case, such as the defendant's age, character and behavior, environment, and the situation before and after the crime of this case, the court below's punishment

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the corresponding column of the judgment of the court below, except in the case where the "1. Part of the defendant's court statement" in the summary of the evidence of the court below is changed to "1. The defendant's court statement" in each "court statement in the trial of the defendant". Thus, it is cited in accordance with

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (as a whole, the fraud of Article 1 at the date of market sale shall be

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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