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(영문) 의정부지방법원 2016.04.08 2015노2609
사기
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is that the punishment (2 million won) imposed by the court below is too unreasonable and unfair (the defendant explicitly withdraws his assertion of misunderstanding at the first trial date of the first trial of the court below). 2. The crime of this case is deemed to have been committed by deceiving the victim and by deceiving the victim, and the crime of this case is not easy in light of the contents of the crime. However, although the defendant was found to have committed the crime of this case at the time of the trial of the party, it appears that he was aware of the crime of this case. The defendant was 3.5 million won in repayment to the victim during the trial of the party, 3.5 million won in repayment to the victim, 4.0 million won in total, and there are circumstances that can be considered in light of the relation with the victim, and other favorable circumstances, such as the defendant's age, sex, environment, how the crime of this case was committed, how the crime of this case was committed, how the crime of this case was committed, and the circumstances that the court below sentenced the sentencing of this case to various circumstances.

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 the defendant's appeal 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. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. A fine of two million won to be suspended;

1. Articles 70 and 69(2)(100,000 won per day) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 59(1) of the Criminal Act provides that even if the sentence is not imposed on the defendant, the sentence will not again lead to re-offending.

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