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(영문) 창원지방법원 2014.03.20 2013노2560
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The damage of the victim H caused by the Defendant’s act of deceitation of each of the instant case is not indicated as KRW 27 million in total, and the fact that the Defendant did not reach an agreement with the victim is disadvantageous to the Defendant.

However, in full view of the favorable circumstances such as the confession of the Defendant to commit the instant crime, and the degree of deception by the Defendant is relatively minor, the Defendant is in the position to support his family, and the Defendant has no criminal records, and the character, conduct and environment of the Defendant, the circumstances and results of each of the instant crimes, and all the circumstances that are conditions for sentencing as shown in the records and arguments, the punishment imposed by the lower court is somewhat unreasonable, and it is recognized that the Defendant’s above assertion is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the crime committed on June 21, 2012, which is the largest penalty);

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

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