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(영문) 인천지방법원 2014.06.13 2014노1085
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

2. The lower court’s punishment is somewhat inappropriate in view of the following factors: (a) even though the Defendant had been 9 times or more of punishment due to the same kind of crime under the same law, the Defendant committed the instant crime repeatedly 33 times from January 1, 2013 to January 18, 2014; or (b) the fact that the amount of defraudation is not significantly high; (c) the Defendant repaid and deposited a considerable number of victims of the instant crime; and (d) the Defendant paid and deposited the damages to the victims; and (e) other factors indicated in the pleadings and arguments, such as the motive and background leading up to the instant crime; (e) the circumstances leading up to the instant crime; (e) the Defendant’s age

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided 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 Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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