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(영문) 수원지방법원 2015.03.11 2014노7460
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The conclusion that the Defendant acquired a total of KRW 40 million from the victim by means of altering a private document under the name of another person constitutes an unfavorable reason for sentencing.

However, considering the various circumstances, including the fact that the defendant led to the crime of this case and is against the defendant, that the defendant agreed smoothly with the victim when he was in the first instance, that the defendant did not have any record of punishment for the same kind of crime, and that there was no record of punishment for the same kind of crime, the punishment sentenced by the court below is deemed unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column 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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

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