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(영문) 인천지방법원 2014.02.07 2013노3565
사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. The determination is based on the following: (a) the total amount of damage caused by each of the instant crimes exceeds 50 million won; and (b) the fact that the Defendant had been punished for the same type of crime is disadvantageous to the Defendant.

On the other hand, however, it seems that the defendant has an opportunity to reflect on the fact that he has been detained for more than two months, and that the defendant deposited KRW 23,495,500,000 in the future of the victim C, and KRW 4 million in the victim G, and the defendant deposited KRW 23,495,50,000 in the future of the victim C, and more than 3,422,884 in the future of the victim G, and deposited the damage amount for each of the crimes of this case in the future of the victim C, and there is no history of punishment exceeding the fine for the defendant, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, family environment, and circumstances before and after the crimes, the sentence imposed by the court below is somewhat unreasonable.

3. As such, the defendant's appeal is reasonable, and the part of the judgment below excluding the compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited 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 on the stay of execution (Consideration of conditions favorable to the defendant in the front);

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