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(영문) 인천지방법원 2014.01.10 2013노3424
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (a prison labor of 10 months, an additional collection of 30 million won) is too unreasonable.

2. In full view of all the circumstances that serve as the conditions for the sentencing of this case, such as the Defendant’s age, character and behavior, environment, relationship with the victim, motive, means and consequence of the instant crime, etc., as the lower court’s punishment is too unreasonable, since it appears that the Defendant’s punishment against the Defendant is too unreasonable, on account of the following factors: (a) the Defendant’s confession and reflects against the Defendant by deceiving money and goods under the pretext of solicitation for the affairs handled by the judgment public officials; (b) the Defendant committed a crime at the trial; (c) the Defendant’s confession and reflects the Defendant; (d) the Defendant’s deposit of KRW 15 million; (e) the Defendant’s health was not good; (e) the Defendant’s favorable circumstances such as the Defendant’s age, character and behavior, environment; (e) the victim’s relationship with the victim

3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided again as follows.

Criminal facts

The summary of the facts and evidence admitted by the court is identical to the corresponding column of the judgment of the court below, except for changing the “1.1 Defendant’s partial statement” from the summary of the evidence in the judgment of the court below to “the Defendant’s trial court statement” as “the Defendant’s trial court statement.” As such, it is cited as it is in accordance with

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting a crime (the point of fraud), Article 111 (1) of the Attorney-at-Law Act (the point of receiving money and valuables under the name of trust);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The latter part of Article 116 of the Attorney-at-Law Act;

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