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(영문) 수원지방법원 2018.07.12 2018노2909
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (4 months of imprisonment) is too unreasonable in light of the fact that the defendant reflects his fault and that the defendant committed the crime of this case due to his living conditions.

2. In light of the fact that the Defendant was sentenced to punishment for habitual larceny, but the Defendant committed the instant crime during the repeated crime period, and committed each of the instant crimes against many victims repeatedly over 19 times, Defendant should be punished strictly.

However, in full view of all the sentencing conditions indicated in the argument of the instant case, including the Defendant’s age, sex, environment, and circumstances after the crime, it is recognized that the sentence imposed by the lower court is somewhat unreasonable, in view of the following: (a) the Defendant’s endeavor was made to recover damage, such as returning most of the victims from the lower court to the final trial; (b) the Defendant’s return to the injured party; (c) the Defendant’s spouse is leading to the Defendant’s childbirth; and (d) the Defendant’s spouse is living in good faith as his father; and (e) the Defendant’s age, sex, environment, and conditions after the crime were committed.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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