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(영문) 대전지방법원 2016.03.17 2016노14
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the Defendant is excessively unreasonable, due to the summary of the grounds for appeal.

2. The Defendant committed repeatedly against multiple lending companies, etc., and the total amount of damages is not specified as KRW 21,260,630, etc., which are disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant reflects the Defendant’s mistake in depth; (b) the victims of the instant fraud were recovered in the lower court and the trial; and (c) the victim SBI Savings Bank Co., Ltd., Aju Savings Bank Co., Ltd., one card Co., Ltd., and Samsung Card Co., Ltd. did not want to punish each Defendant; and (d) other circumstances, such as the Defendant’s age, sex, environment, circumstances, means and result of the instant crime, circumstances after the instant crime, criminal records, and family relations, which are the conditions for the instant sentencing, are considered unfair since the sentence imposed by the lower court is unreasonable. Therefore, the Defendant’s argument that the Defendant’s sentencing was unfair is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in 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 232-2 of the Criminal Act (the point of the electronic records of the company), Articles 234 and 232-2 of the Criminal Act (the point of the electronic records of the company), Article 347(1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of fraud), Articles 234 and 231 of the Criminal Act (the point of use of the private document in the above investigation document), Articles 234 and 231 of the Criminal Act, Article 329 of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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