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(영문) 서울북부지방법원 2018.01.18 2017노1478
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight years of imprisonment) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

There were many victims of the instant crime due to the instant crime, but there were no adequate circumstances against the Defendant, such as the failure to recover the damage.

However, the Defendant intended to purchase the actual vehicle with the amount paid by the victims, and used for other victims, and it appears that the Defendant actually acquired profits due to the said frauds, the Defendant all and divided the criminal acts, the Defendant agreed with some victims, and all other sentencing circumstances in the records and arguments, including the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence, etc., are considered to be unfair, in full view of the fact that the Defendant committed the said frauds, and that some victims agreed to do so, and the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence, etc., and the circumstances after the crime.

Therefore, the defendant's argument about improper sentencing is justified, and the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the judgment of the court below is ruled again as follows (as long as the judgment of the court below is accepted by the defendant's appeal and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed separately in its order) (The grounds for the judgment of the court below] The criminal facts and the summary of the evidence acknowledged by the court below and the summary of the evidence are as follows: the court below's judgment changes "loan Relay" of No. 6, No. 3, 5, 9, 11, 9, 11, 12, 11, 12 to "Loan Brokerage Business" to "Loan Brokerage Business" as stated in the corresponding column of the court below, so the Criminal Procedure

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