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(영문) 인천지방법원 2014.05.02 2013노3461
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The circumstances favorable to the defendant are that the defendant confessions the crime of this case, and the amount of fraud is not a relatively larger amount than seven million won, etc.

However, although the defendant had been sentenced to the suspension of the execution for six months in the Seoul Western District Court on March 24, 2010 due to the crime by deceiving 10,000,000 won as appraisal expenses by gaining access to a person who intends to borrow real estate as collateral, the defendant has already been sentenced to the suspension of the execution for fraud at the Seoul Western District Court on March 24, 2010, it is deemed that the crime of this case under the same law by deceiving 7,00,000 won as appraisal expenses is very poor during the suspension of the execution period, and the crime of this case is repeatedly committed under the same law by deceiving 7,00,000 won as appraisal expenses, and no measures have been taken for recovery from damage to the victim until the trial. In full view of all the various sentencing conditions as shown in the records and arguments, such as the defendant's age, character and conduct environment, and circumstances before and after the crime, it is deemed that the punishment imposed by the

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the prosecutor's appeal is reasonable, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and 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 crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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