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(영문) 부산지방법원 2019.06.27 2019노943
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Determination of the summary of the grounds for appeal (a year of imprisonment with prison labor, two years of suspended execution, probation, and community service order) is unreasonable;

2. The sentence imposed by the court below is within the scope of the applicable sentencing guidelines and the recommended sentencing guidelines (one month from June 20 to June 2).

However, if we review the sentencing factors, such as the payment of installment payments to C corporation which promised installment payments even after the original sentence, and efforts to change damage, it is recognized that the amount of the original sentence imposed on probation and community service order is somewhat unreasonable.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act;

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