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(영문) 수원지방법원 2016.08.12 2016노3846
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The criminal defendant's total sum of KRW 47.7 million from victims, which is not less than that of the crime, shall be taken by deceiving the victims.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses; (b) the Defendant has an opportunity to reflect the Defendant’s life through detention for a certain period; (c) the victims have been paid KRW 10,50,000 to pay the remainder of damage; and (d) the Defendant had no record of punishment in excess of the amount of punishment for the same kind of crime before the instant offense was committed; and (c) the Defendant has no record of punishment in excess of the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the instant offense; and (d) the Defendant’s punishment imposed by the lower court is somewhat unreasonable; and (e) the Defendant and his defense counsel’s assertion of the foregoing unfair sentencing is reasonable.

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, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all 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. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., conditions, etc. for sentencing favorable to the defendant among the grounds for reversal);

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