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(영문) 의정부지방법원 2021.02.04 2020노2152
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of the grounds for appeal and the sentencing (two years of imprisonment with prison labor for the original instance);

2. In light of the background and method of each of the crimes in this case, the defendant's liability is heavy, and the fact that there was the history of punishment for the same kind of fraud, etc., which are disadvantageous to the defendant, or that the defendant led to the confession of each of the crimes in this case by the court below, that the defendant received a letter from the victim F and K K K K K K K K K K K K KK test, and that the defendant received a letter at the trial of the party, the defendant's G, S, and AD test at the trial, the amount of punishment imposed by the court below is too unreasonable, taking into account the sentencing conditions under Article 51 of the Criminal Act.

Therefore, the two kinds of punishment of the defendant is accepted as one of the arguments.

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

[Grounds for the new judgment] Criminal facts and the summary of evidence recognized by the court below are as stated in the corresponding column of the court below (Article 369 of the Criminal Procedure Act). Application of the Act and subordinate statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts; Article 355(1) of the Criminal Act (the point of embezzlement); Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 16270, Jan. 15, 2019); Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 17862, Jan. 15, 2021); Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 17862, Jan. 15, 2021); and each choice of imprisonment with labor.

1. The sentence shall be determined as per the order, taking into account the various circumstances examined prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Suspension of Execution of Article 62(1) of the Criminal Act.

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