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(영문) 서울남부지방법원 2015.01.15 2014노1614
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date of the final judgment.

Reasons

1. The gist of the grounds for appeal was that the Defendant appealed on the grounds that the sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Although the judgment of the court below is a large amount and the criminal records of the defendant have the same criminal records, considering the fact that the defendant deposits and reflects the total amount of the acquired money for the victims later, and all other circumstances that form the conditions for the sentencing of this case as shown in the records, such as the method of the crime of this case and the circumstances after the crime, the punishment sentenced by the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

[C] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment of the court below, except where the "written statement of the defendant" is added to the summary of the evidence. As such, they are cited as it is in accordance with Article 369 of the

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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;

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

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