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(영문) 인천지방법원 2015.05.15 2014노4064
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

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The crime of this case was committed by deceiving the victim and deceiving the victim several times, and the crime was not committed in light of the circumstances, period, means and method of the crime, etc., and the damage amount from the crime of this case reaches KRW 149.3 million, which is a large amount of damage amount to KRW 149.3 million, and the defendant has a record of criminal punishment for the same crime is disadvantageous.

However, in full view of the fact that the defendant led to the crime of this case, the fact that the defendant was living together with the victim, the fact that the defendant agreed smoothly with the victim, and other various sentencing conditions shown in the records and arguments, such as the age and behavior environment of the defendant and the circumstances before and after the crime, it is deemed that the sentence of the court below against the defendant is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited 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 crime (Fraud and choice of imprisonment);

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 suspended execution ( normal consideration in favor of the defendant in the front);

1. Social service order under Article 62-2 of the Criminal Act;

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