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(영문) 서울동부지방법원 2016.12.01 2016노1304
사기등
Text

The judgment of the court below is reversed.

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

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;

2. The judgment is based on the following facts: (a) the crime of this case was committed by deceiving the victims to obtain a large amount of profit by using underground funds without any substance; (b) the crime of this case was committed by deceiving or deceiving them; (c) the nature of the crime was very poor and harmful to society was severely bad; and (d) the defendant was punished by imprisonment with prison labor or suspension of execution over five times for the same kind of crime; and (c) on May 13, 2011, the Seoul Eastern District Court sentenced five years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul East District Court on May 28, 2015; and (d) again committed the crime of this case within six months.

However, in light of the fact that it is difficult to see that the defendant actively conspireds with the victim E, that the victim E did not want the punishment of the defendant at the original trial, that the defendant repaid most of the damages to the victim F until the trial is the party, and that the above victim and the above victim were fully agreed in the trial (However, some of the above repayment amount seems to include G's repayment amount), and that the defendant's late and late mistake is divided into one's own mistake, it is deemed unfair that the sentence of the court below is too unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the subsequent judgment is rendered as follows.

[Dao-written judgment] Criminal facts and summary of evidence recognized by the court and the summary of the evidence are except that "the number of criminal reports (the defendant A's previous conviction and attachment of judgment)" in the summary of evidence of the judgment of the court below is "the investigative report (the suspect A's prior conviction and attachment of judgment)".

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