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(영문) 수원지방법원 2013.12.12 2013노2772
사기
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. In light of the contents and methods of deception of the Defendant’s assertion of unfair sentencing, the Defendant’s nature of crime is inferior, and the total amount of damage is up to KRW 138,00,000,000, the Defendant did not reach an agreement with the victim, and the Defendant has a criminal record of a fine for the same kind of crime, etc., which are disadvantageous to the Defendant, but on the other hand, the Defendant acknowledges each crime, reflects the Defendant’s mistake, and reflects the depth of the mistake, and the equity between the case of separate fraud in the latter part of Article 37 of the Criminal Act (defination of KRW 12,00,00,000 from six victims by the same type of law) should be considered at the same time. In addition, considering all the sentencing conditions specified in the records and arguments of this case, such as the Defendant’s age, character and conduct, health, home environment, motive leading to the crime, and the circumstances before and after the crime, it is deemed that the imprisonment (two years)

2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is also ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (to be comprehensively applied to each victim, and to be punished by imprisonment);

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