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(영문) 창원지방법원 2016.05.11 2016노470
사기
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3.Provided, That this ruling shall have become final and conclusive.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is an unfavorable circumstance where the defendant deceptions nine employees of the workplace, thereby putting about KRW 30 million out about KRW 30 million, in light of the number of victims and the amount of damage, and the crime of this case is not good in light of the nature of the crime, and the use of part of the defrauded money for online gambling, etc. is not good enough to motive the crime.

However, when the defendant committed the crime of this case properly, all victims want to take the defendant's wife by entering into an agreement with all victims in the original trial and the trial court, and make efforts to recover damage by paying a considerable amount of money to the victims in the original trial and the trial court, the defendant is the first offender who has no criminal history, the representative of the defendant's workplace immediately returned the defendant to the society, and make efforts to recover damage promptly to the victims by returning the defendant to the society.

It is clear that social ties, such as carbon support, are in favor of others.

In full view of the above circumstances and the Defendant’s age, sex, family environment, motive and background of the crime, the means and consequence of the crime, various circumstances that are conditions for sentencing, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, the sentence that the lower court rendered is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.

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