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(영문) 의정부지방법원 2017.09.25 2017노1728
횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. The crime of this case is a situation unfavorable to the defendant that the defendant committed a crime using personal information of customers while engaging in a mobile phone sales business dealing with personal information, and that the amount of damage caused by fraud and embezzlement is not much significant, and the damage is not recovered.

However, in full view of the following: (a) the Defendant led to the confession of a crime; (b) one of the victims on whom the mobile phone price or communication fee has been imposed due to the forgery of a private document was agreed at an investigative agency; (c) the first instance court has agreed with five victims; (d) the first instance court has agreed with five additional victims; and (e) the equity with the case where the judgment is rendered simultaneously with the crime for which the judgment has become final and conclusive; and (e) other various sentencing conditions indicated in the record, such as the number and process of the crime, circumstances after the crime, the age of the Defendant, and sexual behavior, the sentence of the lower

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown 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 35(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of embezzlement), Article 231 of the Criminal Act (the point of fraud), Articles 234 and 231 of the Criminal Act (the point of fraud) for criminal facts, and Articles 234 and 231 of the Criminal Act for each of the relevant criminal facts.

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