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(영문) 서울동부지방법원 2015.09.25 2015노891
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the amount of damage is up to 75 million won, that the defendant has a criminal record of being sentenced two times as a suspended sentence for the same crime, that has been sentenced two times as a fine, and that the defendant committed the crime without being aware of the fact that the defendant was under the suspended sentence for the same crime or under the judgment sentenced for the same crime.

However, in full view of the following circumstances: (a) the Defendant committed a crime in which both the Defendant committed a crime and committed a mistake in depth; (b) the victim K, L, and the Defendant agreed with the Defendant for the first time in the trial; and (c) considerable damage was recovered in the case of the victim C and M; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s health, career, family relationship, and environment, the lower court’

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

[Discied Judgment] The summary of facts constituting an offense and evidence presented by the court is the same as that stated in each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance with 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 facts constituting an offense (a comprehensive imprisonment with prison labor for victims C and K)

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

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