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(영문) 서울남부지방법원 2020.12.22 2019노2747
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. Summary of grounds for appeal (in original case, six months of imprisonment and two years of suspended execution);

2. The judgment of the defendant is once the same disposal power of the defendant, but there is no previous conviction other than once with the previous punishment, and the defendant reflects the defendant and the victim wants to repeat the defendant's prior action by agreement with the victim, taking into account the motive and circumstance of the crime, degree of damage, the defendant's occupation, character and conduct, etc., the sentence imposed by the court below is too unreasonable in light of various conditions of sentencing as shown in the argument of this case such as motive and circumstance, degree of damage, the defendant's occupation, character and conduct, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 (1) 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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