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(영문) 전주지방법원 2013.11.08 2013노788
사기
Text

1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 7,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of six months, the fine of four thousand won) is too unreasonable.

2. The judgment of the defendant has been punished several times of punishment due to the same crime, and the crime of this case was committed by the defendant by obtaining a considerable amount of money from many victims or money in the name of borrowed money, and the crime of this case is not less than the nature of the crime and the circumstances that the defendant acquired property profits by defraudation or being provided with service, and it is not less than the agreement with a considerable number of victims even though the amount acquired by the defendant is reasonable

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and seriously reflects his mistake; (b) the equity between the instant crime and the crime of fraud finalized on July 26, 2012 under Article 39(1) of the Criminal Act should be taken into account; (c) the Defendant has reached an agreement with some victims at the same time; and (d) the Defendant has reached an agreement with some victims; and (e) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence imposed by the lower court

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 following judgment is rendered again after pleading.

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. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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