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(영문) 서울고등법원 2016.03.31 2015노3692
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the amount of damage caused by the instant crime is a large amount, strict punishment against the Defendant is necessary.

However, when considering the conditions of sentencing as shown in the pleadings of this case, such as the sentencing of other accomplices, the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable, since the defendant is too unreasonable, since the defendant's punishment is too unreasonable, the defendant's above assertion of the defendant is justified, since the defendant's punishment is too unreasonable, since the defendant's punishment is too unreasonable, since the crime of this case is concurrent crimes as stated in the judgment of the court below and the crime of this case after Article 37 of the Criminal Act are concurrent crimes as stated in the judgment of the court below.

3. In conclusion, the part of the judgment below against the defendant among the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following is ruled again after pleading.

Punishment of the crime

The criminal facts acknowledged by this court are identical to the corresponding column of the judgment of the court below, except for the alteration of "three years of probation to one year and six months of imprisonment" to "three years of probation and two hundred hours of community service order" as "three years of probation to one year and six months of imprisonment" of the judgment of the court below, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence of the facts constituting the crime recognized by this court is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012); Articles 347(1) and 30 of the Criminal Act concerning the crime.

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