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(영문) 수원지방법원 2015.11.20 2015노5272
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is determined by taking full account of the following circumstances: (a) the Defendant, by forging money from many victims by forging a real estate lease contract and a certificate of personal seal impression; (b) embezzlement of money kept as a business member of the victim L corporation; (c) the damage amount caused by the crime of this case is significant; (d) most damage is not recovered from the name of only KRW 28,00,000; (e) the Defendant is disadvantageous to the Defendant; (e) the Defendant’s perception of the crime of this case is against the Defendant; (e) the Defendant has reached an agreement with the victim L corporation; and (e) other circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable; and (e) the Defendant and his defense counsel’s allegation of unfair sentencing is reasonable.

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 the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 347(1) and 30 (the fraud committed in collusion with D), Article 347(1) of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, Articles 355(1) of the Criminal Act, each of the choice of imprisonment;

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

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