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(영문) 수원지방법원 2013.04.04 2012노5742
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. In light of the following factors: (a) the crime of this case is determined based on the following factors: (b) the Defendant prepared a false document for the repayment of his/her obligation and acquired money by deceiving the victim; (c) the nature of the crime is inferior; and (d) the Defendant has not yet made repayment of any particular damage; (b) on the other hand, there are no other criminal records; (c) the Defendant has to be punished twice due to the violation of the Automobile Management Act; (d) the Defendant has to support his/her family members including two children; and (e) the amount of the fraud of this case has to be supported by the Defendant; and (e) the sentence imposed by the lower court is somewhat unreasonable.

3. Accordingly, 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 well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

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