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(영문) 서울동부지방법원 2015.11.13 2015노726
사기
Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four years and six months) of the lower court against the Defendant is too unreasonable.

2. The extent of damage exceeds KRW 640,000,000,000, the amount of fine was sentenced to four times or one suspended sentence for the same crime before the instant crime was committed, the instant crime was committed without being aware of the repeated crime, and the crime was committed without being able to be used by the victim C, and most of the damage suffered by the said victim was not recovered.

However, in full view of the following circumstances: (a) the Defendant has recognized all crimes when the Defendant was in the trial; (b) additionally agreed with the victim R in the trial; (c) there was an agreement with the victim R in the trial; (d) the Defendant’s economic situation is difficult; (e) the Defendant has a dependent; (e) equity with the case where the first head of the crime stated in the judgment of the lower court is judged concurrently with the crime of which judgment became final and conclusive; and (e) other various circumstances that are conditions for sentencing, including the Defendant’s age, health, and career

3. If so, the defendant's appeal is reasonable. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the remaining part of the judgment below excluding the compensation order portion shall be reversed and it shall be decided again as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence presented by the court is the same as that stated in each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws for criminal facts, Articles 347 (1), 30 (the fraud described in paragraphs (1), (3), and (4) of the Criminal Act at the time of sale), Article 347 (1) of the Criminal Act (the fraud described in paragraphs (2) and (5) at the time of sale), and Article 347 (1) of the Criminal Act (the fraud described in paragraphs (5) at the

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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