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(영문) 서울남부지방법원 2019.08.30 2019노1148
사기미수등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 and 2 shall be confiscated, respectively.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months) is too unreasonable.

2. Although social losses caused by the scaming of judgment occur, the crime is not very good in that the Defendant assumes a false employee of the Financial Supervisory Service and committed the instant crime by using forged official documents.

On the other hand, the defendant committed fraud as an initial crime without criminal records, and paid a certain amount of money to the victim and agreed to do so.

In addition, when it comes to the trial, the appearance of confession and seriously against the crime is shown.

In addition to the above circumstances, considering all factors of sentencing, such as the defendant's age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the court below's punishment is somewhat excessive.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court 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 ruled as follows.

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 352, 347 (1), and 30 of the Criminal Act that choose a penalty, and Articles 229 and 225 of the Criminal Act;

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

1. To determine the punishment as ordered by taking into account the various circumstances which serve as the condition for sentencing prior to the reason for sentencing under Article 48(1)1 of the Criminal Act.

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