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서울북부지방법원 2013.06.12 2013노474
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. We examine the judgment of the court below. The defendant is against the defendant's confession of the crime of this case, and the crime of this case is against the defendant's duty to bear the expenses that the defendant should bear for the success of the business in the course of running the Housing Redevelopment Association agency business, and the circumstance is taken into account. After the crime of this case, the victim deposited KRW 50,00,00 to the victim after the crime of this case, and the victim did not want the punishment of the defendant, and the defendant did not have any special criminal power except that he was sentenced to a fine for the violation of the Military Service Act prior to the ten-year period, and the defendant did not have any other various circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime of this case, etc., it is unfair that the defendant's punishment imposed by the court below is too too unreasonable.

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 evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);