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(영문) 대전지방법원 2015.03.12 2014노3582
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., inf., inf., inf., inf., inf.) is too unreasonable.

2. The crime of this case by deceiving the victim who is not the offender's ability to pay, etc., and deceivings the victim about 50 million won, and the liability for the crime of this case is not minor.

However, in full view of the following factors: (a) the Defendant reflects his mistake; (b) the Defendant agreed with the victim in the trial; (c) the Defendant does not want the punishment of the Defendant; (d) the equity between the case where the first head of the crime in the judgment of the court below was judged simultaneously with the crime for which the judgment of the first head of the crime in the judgment of the court below became final; (c) the Defendant does not have any previous record of being sentenced; (d) the Defendant has no record of being sentenced to the punishment; and (e) other various sentencing conditions such as the Defendant’s age, character and behavior, environment, motive

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

Criminal facts and the summary of evidence recognized by the court as stated in this Court shall be as stated in the corresponding column of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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