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(영문) 광주지방법원 2013.06.26 2013노915
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The crime of this case is deemed to have been committed by deceiving the business owner as if the defendant would be an employee, and the nature of the crime is not good, and the total amount of damage is a large amount of 50,1100,000 won, even though it is recognized that the defendant led to a confession of the crime, and reflects his wrong by committing a prison life for about 2 months, and the victims wanted the defendant's wife by mutual consent with the victims when the defendant was in a trial, and there is no other criminal records other than the suspended sentence once for the crime of this case, and there is no other criminal records other than the punishment twice for the crime of this case, and taking into account the punishment conditions as shown in the records and arguments of this case such as the defendant's age, character and behavior, motive and circumstance of the crime, and circumstances after the crime.

3. As such, the defendant's appeal is reasonable, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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 provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

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

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