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(영문) 수원지방법원 2014.11.27 2014노4989
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

【Judgment on Grounds for Appeal】

1. The sentence of the court below (one year and six months of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Considering the fact that there was a history of punishment several times including the previous conviction subject to punishment for a crime of fraud, the crime of this case by deceiving the victim and deceiving the victim is not good, the defendant was arrested and investigated by a warrant of arrest by refusing to summon the investigative agency, and the circumstances after the crime are not good, such as the failure to summon the victim after the closing of argument in the unrestricted state and the detention is issued and the detention is issued, etc., and the defendant seems to have considerable economic difficulties of the victim by failing to pay damages during the long time after the crime of this case, it is necessary to punish the defendant.

However, each of the defendants asserts that the defendant's confessions all of the crimes and expressed his/her intention that the victim does not want the punishment by mutual consent with the victim, and that the defendant's wife's unit price of 330,000 km is 360 won on the part of the defendant for the recovery of damage and 310 won on the part of the victim. Thus, even according to the victim's argument, the scrap metal value is 102,30,000 won (310,000 g).

In full view of the fact that part of damage was recovered by paying scrap metal, the fact that the defendant seems to have the time of self-determination through a prison life for a period of four months, and other factors of sentencing indicated in the instant case, such as the defendant’s age, character and conduct, occupation and family environment, circumstances and result of the crime, etc., the lower court’s punishment is deemed to be too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

another judgment.

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