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(영문) 광주지방법원 2016.02.03 2015노3394
사기
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The amount obtained by the Defendant from the victims reaches 33 million won, which is not many. The Defendant appears to have continued to commit employment fraud similar to each of the instant frauds, and have caused considerable damage to many victims. However, it appears that the Defendant recognized the Defendant's mistake and reflects it, and that it is difficult for the victims to receive treatment due to cancer, etc. at the present time, and that the Defendant paid a total of 14 million won to the victims and agreed with the victims. The circumstances of the instant crime, circumstances after the instant crime, the Defendant's age, sexual behavior, environment, etc., and the scope of recommended punishment (one month to one year) according to the sentencing guidelines of the Supreme Court and the sentencing guidelines of the Sentencing Committee / [the scope of recommended punishment] The Defendant's assertion that it is too reasonable to recognize the Defendant's punishment without special mitigation (one-one year to one year).

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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