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(영문) 서울동부지방법원 2019.08.09 2019노765
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. Although the accused could have been sentenced to a fine for the same type of crime or the crime of forging private documents, the accused has committed each of the crimes of this case with the card obtained by forging another person's name. Therefore, the accused needs to be punished strictly.

However, in light of the following factors: (a) the victim B, who was the victim of the document-related crime, filed an application for non-prosecution of punishment against the defendant; (b) the defendant has no record of being punished heavier than the fine; and (c) the amount of damage from fraud of this case and larceny is a total of 5 million won and some of them appears to have been repaid; and (d) the punishment imposed by the court below is somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 347(1) of the relevant Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 234 of the Criminal Act, Article 37 Subparag. 8 of the Resident Registration Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 232-2 of the Criminal Act, Article 234 and Article 232-2 of the Criminal Act, the choice of punishment for the crime

1. The reasons stated in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are as follows.

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