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(영문) 창원지방법원 2014.11.06 2014노1963
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal asserts that the court below's imprisonment (ten months of imprisonment) is too unreasonable.

2. Each of the crimes of this case is a situation unfavorable to the Defendant, where the Defendant acquired the victims’ property through deception and embezzled the victims’ property through several times, and where the total amount of damage is more than KRW 180 million, etc., and the quality of the crime is not less than that of the victim.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the court below's punishment is deemed unreasonable, based on the following circumstances: (a) the defendant agreed with the victim C and F in the court below; (b) the victim C and the 18 persons, who agreed with the victim C and H in the trial; and (c) the family members to support the defendant.

3. Since the appeal by the defendant is well-grounded, 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 again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

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

1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 355(1) of the Criminal Act; the choice of imprisonment with labor;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);

4. Probation under Article 62-2 of the Criminal Act (in consideration of the fact that the total amount of damage to each of the crimes in this case is not significant, probation shall be imposed on the accused to correct any error of character and behavior under the direction and supervision of probation officers and to reorganize them

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