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(영문) 창원지방법원 2014.09.18 2014노762
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (two years of imprisonment) is too unreasonable.

2. The judgment of the defendant committed each of the crimes of this case repeatedly over a considerable period of time against many insurance companies, the fraud amount is 19,50 million won, and the defendant has 17 times or has been punished, etc., which are disadvantageous to the defendant.

On the other hand, however, the defendant recognized all of the crimes of this case when he was detained for not less than five months, and therefore is seriously against his mistake. After the decision of the court below was made, the defendant made efforts to recover damage in order to repay a considerable part of the amount of the acquired money and reached an agreement with some of the victims. The defendant did not have any record of punishment for the same kind of crime, and other circumstances that are conditions for sentencing, such as the defendant's age, character, character, character, intelligence and environment, health condition and family relation, motive, circumstance, means, method and consequence of the crime, etc., the sentence imposed by the court below is somewhat unreasonable. Thus, the defendant's argument is justified.

3. The judgment 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.

[C] The facts constituting an offense and the summary of the evidence admitted by the court, and the summary of the evidence, are as follows: (a) in addition to the addition of “1.1. Defendant’s trial statement” and deletion of “1.1. Defendant’s partial statement,” the same is applicable to each corresponding column of the judgment of the court below.

(Article 369 of the Criminal Procedure Act). Application of law

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

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

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