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(영문) 창원지방법원 2013.11.07 2013노1342
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (six months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. It is recognized that the Defendant had been punished by a fine on several occasions due to a violation of the Labor Standards Act, etc.

However, in full view of the following circumstances: (a) the Defendant committed each of the instant offenses when the Defendant was in the trial; (b) the Defendant took advantage of all the instant offenses; (c) the Defendant paid KRW 75 million to the victim E; (d) the Defendant repaid the remainder of the damage amount to the victim E; and (e) deposited KRW 25 million for the victim G; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment; (e) the motive, background, means, methods, and consequence of the commission of the offense; and (e) the circumstances before and after the commission of the offense; and (e) the sentence imposed by the lower court is somewhat unreasonable; and (e) the Defendant’s assertion of unfair sentencing is without merit

3. In conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the prosecutor's appeal shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that the defendant's appeal of this case is well-grounded, and the judgment below shall be reversed, and the prosecutor's appeal shall not be dismissed separately in the disposition of this case on the ground that

Criminal facts

The summary of the facts charged and the summary of the evidence recognized 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. Relevant Article 347(1) of the Criminal Act, Articles 109(1) and 43 of the Labor Standards Act, and the choice of imprisonment, respectively, for the crime;

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

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