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(영문) 서울중앙지방법원 2014.05.23 2014노669
사기등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for ten months.

Reasons

1. Summary of the Defendants’ grounds for appeal: Unfair sentencing

2. We examine the reasoning of appeal. ① The accomplice H was sentenced to one year and six months of imprisonment and one year of imprisonment for the crime of this case. The degree of the charge of the above G and the degree of the participation of the Defendants is more or equal to G in comparison with the degree of the charge of the above G, etc.; ② the Defendants also did not have any profit acquired from the crime of this case; ② the victims of the fraud did not have any actual damage; ③ the Defendants’ respective criminal records and age, occupation, family relationship, economic form, and other various sentencing factors shown in the records and arguments of this case, it is recognized that the sentence of the lower judgment that sentenced the Defendants one year of imprisonment is somewhat inappropriate.

3. According to the conclusion, the lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act by accepting the Defendants’ assertion of unfair sentencing, and the following is again decided after oral argument.

[Dao-written judgment] The criminal facts against the Defendants and the summary of the evidence recognized by the court below are the same as the entries in each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The point of exercising relevant legal provisions concerning facts constituting the crime: Articles 217, 214 (1) and 30 of the Criminal Act; Articles 347 (1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act (the part on which counterfeited securities shall be exercised en bloc);

1. Selection of punishment for each crime of fraud;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of each Criminal Act shall apply mutatis mutandis;

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