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(영문) 수원지방법원 2014.12.04 2014노2984
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing of the lower court (compacting eight months of imprisonment) is too unreasonable.

However, since the amount of damage of the victim F and G caused by each of the instant crimes exceeds KRW 130 million in total, the Defendant’s liability is not minor.

However, considering the fact that the defendant agreed with G in the court below, agreed with F in the trial, and the victims expressed their intent that they not want to punish the defendant (the victim's damage seems to have been recovered most), the defendant has the time of self-esteem while living in prison as close as one month in this case, the first offender, the fact that the defendant is the first offender, the fact that it is erroneous, and all other circumstances that are the conditions for sentencing specified in this case, the sentencing of the court below is too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

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. 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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