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(영문) 전주지방법원 2013.09.13 2013노710
사기등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. The judgment defendant has been punished for fraud, and the crime of this case is committed by deceiving the victim as if the defendant had the intent and ability to sell the land of this case and the limited liability company H, thereby deceiving the victim with a considerable amount of money from the victim several times, and in the process, using forged documents, such as a written consent to trade of real estate in the name of the limited liability company H such as the above in order to deceiving the victim, the nature and the criminal intent of the crime are very poor.

However, in full view of the fact that the defendant has no history of punishment exceeding a fine, and that the defendant's mistake is seriously reflected in the crime of this case while recognizing the crime of this case, in particular, when considering the fact that the defendant wants to take the defendant's preference by mutual consent with the victim, and other various circumstances, including the defendant's age, character, character, environment, family relationship, and circumstances after the crime, it is deemed that the punishment imposed by the court below 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 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 for the facts constituting an offense (generally, the point of fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the point of uttering of a falsified private document);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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