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(영문) 수원지방법원 2018.10.19 2018노1858
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below against the defendants on the summary of the grounds for appeal (two years of suspended sentence in August) is too unreasonable.

2. The crime of this case in light of the motive, method and means of the crime, and the amount of defraudation, etc. by deceiving the victim as if the defendants operated the investor’s literature and could arrange for a loan, the crime of this case is not appropriate.

In addition, the Defendants are not aware of each of the crimes committed in the instant case, and there is a need to strictly punish them as committing the crime in the instant case, and prevent recidivism.

The decision is judged.

However, since the original trial, Defendant B consistently recognized all of the crimes of this case in the first instance trial and seems to be against the depth of each of the crimes.

The defendants have reached the trial for the first time, and the victim did not want to punish the defendants any longer.

There are no criminal records of suspended sentence or more, and the social relationship seems clear.

In full view of the above circumstances, the lower court’s punishment against the Defendants is somewhat unreasonable, taking into account the following circumstances: (a) the Defendants’ age, sex, environment, family relationship, motive, means and consequence of the commission of the crime; and (b) the circumstances after the commission of the crime; and (c) the sentencing conditions specified in the deliberation and arguments at the lower court and the party.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows after pleading.

[Re-written judgment] The Criminal Procedure Act applies to the defendants' criminal facts and the summary of the evidence acknowledged by this court, except for the deletion of "part of the defendant A's legal statement" in the column of "a summary of evidence" of the judgment below and addition of "the defendant A's legal statement" to "the defendant A's legal statement" as stated in each corresponding column of the judgment below.

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