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(영문) 서울서부지방법원 2014.09.25 2014노802
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case was committed during the period of repeated crime of the same kind, and the court below's measures to punish the defendant is appropriate for the reason that there is a need for strict punishment, such as the method of punishment is inferior due to the organized crime against financial institutions, and the amount of fraud also exceeds KRW 100 million.

However, considering various sentencing conditions, such as the Defendant’s age, environment, and motive for committing the crime, the lower court’s punishment is too unreasonable, so long as it is too unreasonable to view the following factors: (a) health unit; (b) the Defendant’s confession; and (c) the Defendant’s repayment deposit of KRW 20 million for the victim during the time of the trial; and

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 Articles 231 and 30 of the Criminal Act, Articles 234 and 30 of the Criminal Act, Articles 234 and 30 of the Criminal Act, Articles 352, 347 (1) and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, the choice of imprisonment for each crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

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