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(영문) 창원지방법원 2017.12.27 2017노2153
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. The lower court rendered a sentence by taking account of the circumstances favorable to the fact that the crime was committed for a long time, the total amount of KRW 68,528,00,000,000 were acquired by the victim 7, the damage was not recovered, the previous criminal records of the same kind (one time of actual punishment, and one fine) were committed, and the confession of the crime was made, and two elementary school students’ children were supported after the divorce.

Considering that the defendant made efforts to seek a letter from the victims, and as a result, some of the victims (C, J, L) submitted a written agreement that the defendant's punishment is not applied to the trial, the sentence of the court below is unfair since the sentencing conditions of the court below are somewhat changed.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 selection of punishment (elective of imprisonment);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] The ground for sentencing under Article 38(1)2 and Article 50 of the same Act [the scope of recommending punishment] In cases where the aggravated area of Type 3 (not less than KRW 500 million, but less than KRW 5 billion) is described (two years through August 7): the increase in the first step (a special aggravated person] type of increase in the number of concurrent crimes as a result of the addition of concurrent crimes (a decision of sentencing] where a large period of time is repeatedly committed against multiple victims (a decision of sentencing] two years and six months (a decision of sentencing particularly lower than the lowest amount of the recommended sentencing guidelines in consideration of the aforementioned circumstances)

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