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(영문) 서울중앙지방법원 2013.12.18 2013노3843
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal (e.g., in a form of unfair) is that the defendant misleads and reflects the defendant's mistake, there is no particular penalty against the defendant, the defendant's delay in the construction of the studio construction and thus led to this case by failing to recover the investment money. Although the defendant left Canada, the defendant left Canada with his own mind, although he left Korea as Canada, he entered the Republic of Korea with the mind that he was scarbly self-denunciation, he was agreed with the victim D and the original court, and was scheduled to make efforts to agree with the victim I, and the defendant or his family suffers physical and economic difficulties, it is unfair that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. Although there are circumstances such as the amount obtained by the Defendant by deceit, the fact that the Defendant left Canada on May 2005 and escaped for eight years, the Defendant committed a mistake, that there was no history of punishment heavier than a fine, that there was an agreement with the victim D in the lower court, and that the victims did not want punishment for the Defendant in consultation with the victim I in the lower court, and that the victims did not want the punishment for the Defendant in full view of the following factors: the Defendant’s age, environment, character and conduct, motive and means of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be unreasonable.

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 with merit, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.

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