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(영문) 서울남부지방법원 2012.11.08 2012노1389
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. On May 18, 2010, the Defendant: (a) was sentenced to one year of imprisonment for fraud, etc. at the Seoul Eastern District Court on the grounds of fraud; (b) on February 5, 2011, the Defendant forged the documents in the name of C with the victim of the instant case’s resident registration certificate within a period of not more than two months after the execution of the sentence was completed; (c) forged the documents in the name of C; and (d) committed an offense involving mobile phones by using the documents in the name of C; and (c) without being aware of the fact that each of the instant crimes was committed without being aware of during the repeated offense period.

In addition, even in the case of crimes related to victim G, H, and I, it is not very good that the crime has been committed continuously, and it is not very good that the crime has been committed by continuously causing damage to the victim and his/her family members by emphasizing their financial capabilities to the victim G while promising marriage.

However, even if considering the aforementioned circumstances, considering the fact that the Defendant is making a confession of all of the instant crimes at the time of the trial, and in particular, considering the balance of sentencing with other cases, the lower court’s imprisonment (three years of imprisonment) is too unreasonable.

2. 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 with merit.

Criminal facts

In addition to adding "1. Defendant's trial testimony" to the summary of the evidence, the summary of the facts charged and the summary of the evidence admitted by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, Article 329 of the Criminal Act, Article 35(1) of the Criminal Act, Article 35(1) of the Criminal Act, Article 231 of the Criminal Act, each of the following criminal laws:

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