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(영문) 전주지방법원 2015.08.26 2015노661
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 2,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two million won of fine) is too unreasonable.

2. Although the defendant committed the crime repeatedly against an unspecified number of victims, even though he had the record of punishment several times for the same crime, it is not good in that the defendant committed the crime of this case repeatedly against the unspecified number of victims. However, considering the fact that the defendant led to the confession of the crime of this case, the amount of damage is relatively small, the victims of the most fraudulent crime which caused the traffic accident, the defendant's health is not good, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the relationship with the victims, and the circumstances after the crime, etc., the court below's punishment 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 on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by the court is identical to each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the facts constituting a crime (the choice of imprisonment, the choice of fines for each crime against H and K with respect to each other, except for fraud against H and K), and Articles 352 and 347(1) of the Criminal Act (the attempted fraud) of each Criminal Act;

1. Of concurrent crimes, among the concurrent crimes, the punishment for each of the crimes except for the crimes against H and K under the former part of Article 37, Article 38(1)2 and 3, Article 50 of the Criminal Act, and Article 50 of the Criminal Act, and the punishment for each of the crimes against H and K, with respect to the punishment for concurrent crimes against the heavier M, shall be added.

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