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(영문) 서울동부지방법원 2014.07.03 2014노618
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 summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court’s sentencing is too unreasonable.

2. There is an unfavorable circumstance to the defendant, such as that the total amount of damage suffered by the victims due to each of the crimes of this case reaches approximately KRW 100 million.

However, in light of the fact that the defendant's mistake was recognized in the first instance trial, it is against the depth, and that agreement has been reached with all victims by agreement with the victim H, that the defendant has the time to live in prison for more than two months, that the defendant has no record of criminal punishment more than suspension of qualifications, that there is no record of criminal punishment more than suspension of qualifications, and all other circumstances that form the conditions for sentencing in this case, such as the defendant's age, family relation, character and conduct, motive, means and consequence of the crime, etc., the sentencing of the court below is too unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized 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, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

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