logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2021.02.04 2020노978
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The main sentence of the appeal is too heavy.

2. The Defendant recognized the entire crime once in the first instance, and agreed with the victim S of the 2020 High Order 975 case.

When considering the above reasons and the conditions of sentencing as stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and a summary of evidence acknowledged by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for the alteration of "the defendant's partial statement" in the part of [Article 2 of the judgment] to "the defendant's oral statement at the trial" as "the defendant's oral statement at the trial."

Application of Statutes

1. Articles 232, 30 (Preparation of Private Document for Qualification) of the Criminal Act, Articles 234, 232, and 30 (Exercise of Private Document for Qualification) of the Criminal Act, Articles 231 and 30 (Presentation of Private Document for Qualification) of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 231, 230 (Exercise of Private Document for Investigation) of the Criminal Act, Articles 34, 347 (1), and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, and Article 347 (1) of the Criminal Act for each of the following crimes:

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (inter-Korean between the crimes of engaging in private documents prepared for qualification based on the issuance of documents in a lump sum and the crimes of engaging in the investigation of documents);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes against victim five corporations, the most severe punishment is aggravated) of the Act on the Aggravated Punishment of Concurrent Crimes (aggravating concurrent crimes stipulated in the crime of fraud against the victim five corporations, the most severe punishment) is not among those who are in the period of repeated crime of the same kind, and the defendant, in collusion with B, opened a bank account in the name of C, the spouse of B, thereby forging, uttering various private documents in the name of C, and adding them

arrow