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(영문) 서울북부지방법원 2020.03.26 2020노7
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal (defendants: Imprisonment with labor for two years);

2. The lower court, based on the favorable circumstances such as: (a) there is no criminal history that the Defendant had been punished by the same criminal power or heavier punishment; (b) the confession of most of the crimes; (c) the agreement with the victim F; and (d) the fact that the said victims did not agree with the victim B and H; and (c) other unfavorable circumstances that the said victims want to be punished, and other conditions of sentencing under Article 51 of the Criminal Act, were considered.

In light of the above circumstances that the court below considered as the basis for sentencing, the court below determined that the sentence of the court below is too unfair in light of the following factors: (a) the defendant compensates the victim B and H for damages in the trial and agreed with the above victims; (b) the victims want to take the defendant's preference; (c) the scope of the recommended sentence and the criteria for the suspension of execution according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee / [the scope of recommendation] general fraud types 2 (at least KRW 100 million, less than KRW 50 million, less than KRW 500 million). (d) the mitigation area (one to two months) [special mitigation] mitigation area (one to six months) [the special mitigation] reduction area (the main pride reasons for the suspension of execution of sentence],

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 the following decision is rendered after pleading.

【The reasons for the judgment in multiple times] Criminal facts and summary of evidence recognized by this court are the facts constituting the crime and summary of evidence of the judgment of the court below. The "Korean Won 83.5 million won" in 11 of the judgment of the court below among the facts constituting the crime of the court below is "Korean Won 79.5 million won", "five million won" in 14 of the damage column in 14 of the crime list No. 1 of the crime list of the court below is "five hundred and fifty thousand won", and "83.5 million won" in the total damage column in the same crime list of the crime list of the same crime list of the court below are deemed "seven nine million won" as "seven nine million won", and it is correct ex officio. Other than the above, the Criminal Procedure Act is the same as the corresponding column

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