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(영문) 수원지방법원 2018.09.17 2018노3293
사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

except that this shall not apply.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (one and half years of imprisonment, and six months of imprisonment) is too unreasonable.

2. The judgment of Defendant A has the record of being punished as a violation of the Act on the Regulation of Similar Offense Act, and Defendant B has the record of punishment several times for fraud, which is the same kind of crime, and the total amount of fraud is not much much. However, Defendant A left four months after being detained in the court of original judgment, Defendant B had an attitude of recognizing and opposing all the mistakes in the past while living in custody for two months after being detained in the court of original judgment, and Defendant B had an attitude of being convicted of being convicted of all mistakes. The amount of damages up to the trial of the case is recovered and the victims do not want the punishment against the Defendants by agreement with the victims. Considering the favorable circumstances, other defendants' age, sex, environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is somewhat unreasonable.

The defendants' argument of sentencing is justified.

3. As the Defendants’ appeal is with merit, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows: (a) the summary of facts constituting an offense and evidence is identical to each corresponding column of the judgment of the court below, except for adding “the Defendants’ oral statement” to the column for the evidence. Therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and subparagraph A of the option of punishment for the crime: Articles 347(1) and 30 of the Criminal Act (elective of imprisonment), and Article 347(1) of the Criminal Act (elective of imprisonment): Defendant B: Articles 347(1) and 30 of the Criminal Act, respectively;

1. Aggravation Defendants for concurrent crimes:

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