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(영문) 의정부지방법원 2020.06.11 2019노3233
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of the grounds for appeal and the sentencing (in original cases, one year of imprisonment, two years of suspended execution, and probation);

2. We can not see the circumstances that the Defendant made efforts to recover from damage even though the amount of withdrawal was not specified as KRW 14 million. The prosecutor’s argument that the Defendant’s criminal liability is heavy for committing the instant crime again even though the Defendant was suspended from indictment due to the Defendant’s act of lending a physical card related to Bosing.

In addition, comprehensively taking account of the conditions of sentencing under Article 51 of the Criminal Act, the lower court’s punishment is too uneasible and unreasonable.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied Reasons for the judgment of the court] Summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment of the court below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 347(1) and Article 30 of the Criminal Act regarding the crime, the choice of a sentence, and the determination of a sentence as ordered by the court prior to the examination of the reason for sentencing of imprisonment, taking into account the various circumstances;

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